Tsimbalenko v. Irizarry

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Fineda-Kirwan, J.), dated August 17, 2011, which, upon a jury verdict in favor of the defendants and against them on the issue of liability, and upon the denial of their motion, in effect, pursuant to CFLR 4404 (a) to set aside the verdict and for judgment as a matter of law or, in the alternative, to set aside the verdict as contrary to the weight of the evidence and for a new trial on the issue of liability, is in favor of the defendants and against them,…