Ross v AXA Fin., Inc., 2011 NY Slip Op 07586 [88 AD3d 626]

October 27, 2011

Appellate Division, First Department

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Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for appellant.

Harrington, Ocko and Monk, LLP, White Plains (Adam Greenberg of counsel), for respondents.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered April 29, 2010, which, insofar as appealed from as limited by the briefs, denied plaintiff’s post-trial motion for an order setting aside the verdict as contrary to the weight of the evidence, unanimously affirmed, without costs.

The court properly admitted the unredacted “aided report” because there was sufficient evidence that plaintiff was the source of the information therein, including the location of the accident ( see Martinez v New York City Tr. Auth. , 41 AD3d 174 , 175 [2007]; see also McDermott v Barker , 20 AD2d 546 [1963]). In light of this and the other evidence presented at trial, the verdict was not contrary to the weight of the evidence. Concur—Andrias, J.P., Sweeny, Acosta, Freedman and Manzanet-Daniels, JJ..