Berk v. Schenck

— In an action to recover damages for personal injuries allegedly suffered as the result of an automobile accident, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered October 9, 1984, which granted the defendants’ motion pursuant, to CPLR 4404 (a) to set aside, as against the weight of the evidence, a jury verdict in favor of the plaintiff in the principal sum of $740,000, less $40,000 because of the plaintiff’s failure to have worn a seat belt.

Order reversed, as a matter of discretion, with costs, motion denied, and verdict reinstated.

On January 6,…