RENDER, JAMES P. v. GIZZO, JR., FRANK J.

Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 26, 2014. The order denied those parts of the motion of plaintiff seeking an additur, judgment notwithstanding the verdict and to set aside the verdict as against the weight of the evidence, granted that part of the motion seeking to set aside the verdict as inconsistent and ordered a new trial on proximate cause, serious injury and damages.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking…