Acosta v. City of New York

In an action to recover damages for personal injuries, the defendants appeal from (1) an order of the Supreme Court, Kings County (Starkey, J.), dated December 18, 2008, which denied their motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the plaintiff and against them and for judgment as a matter of law or, alternatively, to set aside the jury verdict as against the weight of the evidence and for a new trial, and granted their separate motion pursuant to CPLR 4404 (a) to set aside the verdict on the issue of damages only to the extent of ordering a new trial unless the…