Paterson v. Ellis

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of plaintiffs motion pursuant to CPLR 4404 (a) seeking to set aside the jury verdict on the apportionment of liability as against the weight of the evidence and ordering a new trial on that issue. The standard for determining whether the jury’s verdict is against the weight of the evidence is whether the evidence so preponderated in plaintiffs favor that the verdict could not have been reached on any fair interpretation of the…