09/25/2026
23rd Reversal of 2026!
Delighted to share our most recent reversal and new trial win for our friends at The Flomenhaft Law Firm!
This one successfully leveraged a โweight of evidenceโ argument based on the inconsistency of the juryโs verdict, which rejected the defendantโs emergency doctrine defense while also finding that the defendant was not negligent in crashing his tractor-trailer into the rear of the plaintiffโs vehicle.
This decision is bookmark-worthy for anyone trying civil cases in New York because trial counsel did not object to the inconsistent verdict before the juryโs discharge, thus rendering the verdictโs inconsistency unpreserved as an issue of law (see Barry v. Manglass, 55 NY2d 803 [1981]). However, leveraging case law we created in 2019, we successfully argued that โthere is no preservation requirement for weight of evidence reviewโ (Evans v. New York Trans. Auth., 179 AD3d 105 [2d Dept., 2019], Connolly, J., Opinion).
Kudos to Christen Giannaros for her compelling and nuanced presentation on appeal!
๐ hornappeals.com/our-victories/september-2-2026-horn-appellate-group-wins-reversal-and-new-trial-on-weight-of-evidence-grounds-following-inconsistent-jury-verdict