Mazzella v. Metro-North Commuter Railroad

—Order, Supreme Court, New York County (Richard Rosenbloom, J.), entered on or about December 27, 1993, which granted plaintiffs motion to set aside the jury verdict in this action under the Federal Employers’ Liability Act (FELA; 45 USC § 51 et seq.) and directed a verdict in plaintiffs favor on the issue of causation, struck defendant’s defense of comparative negligence, directed a verdict that plaintiff was not negligent and ordered a new trial on the issue of damages, unanimously affirmed, without costs.

The court properly directed a verdict on the issues of causation and comparative…