Shuman v. Bower

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted the motion of plaintiffs to set aside the verdict. The evidence establishes defendant’s negligence and the lack of negligence on the part of plaintiff Marilyn C. Shuman; therefore, the court properly determined “that by no rational process could the trier of facts find for the nonmoving party” (Dolitsky v Bay Isle Oil Co., 111 AD2d 366; see, Lipsius v White, 91 AD2d 271, 276-277). There is no merit to the contention that the court improperly set aside the jury’s verdict on damages as inadequate. The court…