Golson v. Addei

In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Nassau County (Segal, J.), dated December 28, 1992, which upon an order of the same court (Murphy, J.), granting the plaintiff’s motion pursuant to CPLR *2694404 (a) to set aside a jury verdict finding the plaintiff 90% at fault, directing the entry of a judgment in the plaintiff s favor on the issue of liability upon its finding that the defendant was 100% at fault, and directing a new trial on the issue of damages, is in favor of the plaintiff and against him in the principal…