Easton v. Falzarano

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated June 20, 2011, which denied her motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant and against her on the issue of damages finding that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident and for judgment as a matter of law, or, alternatively, to set aside the jury verdict as contrary to the weight of the evidence and for a new…