Nunez v. Motor Vehicle Accident Indemnification Corp.

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), entered March 11, 2011, which, upon, in effect, the denial of its motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiffs case, and upon a jury verdict finding that the plaintiff sustained a serious injury under the 90/180 day category of Insurance Law § 5102 (d), is in favor of the plaintiff and against it in the principal sum of $33,360, representing awards of $23,360 for past pain and suffering and $10,000…