Perry v. Kone, Inc.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated February 10, 2015, which denied its motion, denominated as one for leave to renew, but which was, in actuality, one for leave to reargue its prior motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiff’s case on the issue of liability, and, in the alternative, pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the plaintiff and against it on the issue of liability and for judgment as a matter…