Curto v. King Kullen Grocery Co.

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated April 28, 1997, which, upon the reservation by the *532court of its determination of the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the plaintiffs evidence, and a jury verdict finding the defendant 70% at fault and the plaintiff 30% at fault in the happening of the accident, granted the defendant’s motion, set aside the jury’s verdict, and dismissed the complaint.

Ordered that the order is affirmed,…