Best v. Swan Group Limited Partnership

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 6, 2010 in a personal injury action. The order, among other things, set aside the jury’s verdict on the issue of damages and ordered a new trial on that issue.

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

Memorandum: Supreme Court properly granted plaintiffs’ motion to set aside the verdict on damages and for a new trial (see CPLR 4404 [a]). The record establishes that the court failed to instruct the jury to disregard its apportionment of fault in…