Zweben v. Casa

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Barone, J.), entered October 9, 2003, which, upon a jury verdict finding that he did not sustain a serious injury, and upon the denial of his motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

A jury verdict in favor of a defendant should not be set aside as contrary to the weight of the evidence “unless the jury could not have reached the…