Irby v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated August 17, 1990, which set aside a jury’s verdict on damages in the total amount of $500,000, and directed a new trial thereon unless the plaintiff stipulated to reduce the verdict to the total amount of $300,000, which, upon the jury’s apportionment of fault in the *623happening of the accident of 65% against the defendant and 35% against the plaintiff, resulted in a recovery for the plaintiff in the principal sum of $195,000.

Ordered that the order is…