Spanbock v. Trzaska

—In an action to recover damages for wrongful death, the defendant County of Suffolk appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), dated April 28, 2000, which, inter alia, upon a jury verdict finding it 50% at fault in the happening of the accident and awarding damages and upon the denial of that branch of its posttrial motion pursuant to CPLR 4404 which was for judgment in its favor as a matter of law, is in favor of the plaintiff and against it.

Ordered that the judgment is reversed, on the law, with costs, that branch of the appellant’s motion pursuant to CPLR…