Santana v. Western Beef Retail, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Hart, J.), entered November 20, 2014, which granted the plaintiff’s motion pursuant to CPLR 4401 for judgment as a matter of law made on the issue of liability at the close of evidence and the plaintiff’s separate motion pursuant to CPLR 4404 (a) to set aside, in effect, as contrary to the weight of the evidence, a jury verdict on the issue of damages, and granted the plaintiff a new trial on that issue.
Ordered that the order is affirmed, with costs.
On August 8,…
2Cases cited9 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Cook v. RezendeNew York Court of Appeals · 1973
- Califano v. Automotive Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Nestro v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
- DeFisher v. PPZ Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Avissato v. McDanielAppellate Division of the Supreme Court of the State of New York · 2019