Coyle v. Staples, Inc.

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Gerges, J.), dated March 25, 1999, which granted the plaintiffs’ motion pursuant to CPLR 4404 (a) to set aside the jury verdict in its favor as against the weight of the evidence, and for a new trial on the issue of liability.

Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted; and it is further,

Ordered that the order is reversed, on the law, with costs, the motion is…