Hersh v. Diekmann

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Hall, J.), entered January 15, 1999, which, upon a jury verdict finding the plaintiff Burt Hersh 60% at fault in the happening of the accident and the defendant Patricia Diekmann 40% at fault, granted the plaintiff’s motion pursuant to CPLR 4404 (a) to set aside the verdict and for a new trial on the issue of liability.

Ordered that the notice of appeal from the order entered January 15, 1999, is deemed an application for leave to appeal, and leave to appeal is…