Smith v. Houde

— In an action to recover damages for personal injuries, the plaintiff Julius Smith, Jr., appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Hart, J.), dated February 20, 2004, as, upon a jury verdict finding that he did not sustain a serious injury to his knee within the meaning of Insurance Law § 5102 (d), and the denial of his motion pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence, is in favor of the defendant Leslie Brown and against him dismissing the complaint insofar as asserted by him against that…