Smith v. Custodio

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Berkowitz, J.), dated July 22, 1992, which granted the defendants’ motion to set aside a jury verdict in favor of the plaintiff and against them in the principal sum of $195,000 and ordered a new trial unless the plaintiff consented to a reduced verdict of $60,000.

Ordered that the order is affirmed, with costs.

As a general rule, a jury verdict should not be set aside as being contrary to the weight of the evidence unless it can be said that the jury could not have…