Lux v. R & R Mobile Home Park, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 16, 2000, which denied her motion, denominated as one pursuant to CPLR 4404 which was, in fact, a motion for leave to reargue the defendants’ motion pursuant to CPLR 4404 (a), in effect, to set aside so much of a jury verdict as found the defendants 25% at fault in the happening of the accident and for judgment as a matter of law, and (2) a judgment of the same court, entered April 19, 2001, dismissing the complaint.

Ordered that…