Ferguson v. Rochester City School District

Memorandum: Elaintiff commenced this action seeking damages for injuries she sustained when she slipped and fell on a snow- and ice-covered walkway on school premises owned by defendant. After trial, the jury returned a verdict finding that defendant was not negligent. We agree with plaintiff that Supreme Court erred in denying her posttrial motion to set aside the verdict and for a new trial inasmuch as the verdict is contrary to the weight of the evidence (see CFLR 4404 [a]). Although *1185plaintiff appeals from the order denying her posttrial motion and not the subsequently-entered judgment, we…