Gerber v. Rosenfeld

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated January 25, 2005, as granted that branch of the plaintiffs motion which was pursuant to CPLR 4404 to set aside a verdict on the issue of liability in his favor and against the plaintiff as against the weight of the evidence and for a new trial.

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is…