Ferguson v. Ozog

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that the verdict was excessive and granted a new trial on damages (see, CPLR 5501 [c]). However, the court erred in denying the motion of defendants Walter F. Ozog (Ozog) and Jane M. Ozog seeking to set aside the verdict entered in favor of plaintiffs and seeking a new trial on the issue of whether plaintiff sustained a serious injury as a result of the accident involving Ozog. We agree with those defendants that the court erred in…