Doubrovinskaya v. Dembitzer

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated May 28, 2008, which granted the plaintiffs motion pursuant to CPLR 4404 (a) to set aside a jury verdict in the defendant’s favor on *609the issue of liability as contrary to the weight of the evidence, and for a new trial.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248…