Herbst v. Marshall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Mary Herbst (plaintiff) when her vehicle was rear-ended by a vehicle that in turn had been rear-ended by a vehicle driven by Mark Marshall (defendant). Following a jury trial, Supreme Court granted plaintiffs’ post-trial motion seeking, in the alternative, to set aside the verdict as against the weight of the evidence and for a new trial based on the jury’s finding that the accident was not a substantial factor in causing an injury to plaintiff. We affirm. “A motion to set aside a jury verdict as…
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