McCusker v. Huben

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Maltese, J.), dated June 27, 1997, which, upon denying their motions to set aside the jury verdict in favor of the defendants, dismissed the complaint.

Ordered that the judgment is modified by deleting the provision thereof dismissing the common-law negligence cause of action and substituting therefor a provision granting that branch of the plaintiffs’ motion which was to set aside the verdict as to the common-law negligence cause of action; as so modified,…