Kutza v. Bovis Lend Lease LMB, Inc.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 25, 2013, which, to the extent appealed from, denied plaintiff’s motion pursuant to CPLR 4401 and 4404 (a) to set aside the jury verdict finding the decedent 50% responsible for his accident, and awarding $100,000 for pain and suffering and no damages for loss of consortium, unanimously reversed, on the law and the facts, without costs, and the motion granted to the extent of remanding the matter for a new trial, unless the parties stipulate, within 20 days of service of a copy of this order with notice of entry, to…