Schembre v. Atomic Spring & Alignment Co.

—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), dated March 29, 2000, which, upon a jury verdict in favor of the defendant, and an order of the same court, dated December 22, 1999, denying his motion pursuant to CPLR 4404 to set aside the jury verdict and for a new trial, dismissed the complaint.

Ordered that the judgment is reversed, on the law and as a matter of discretion, the order dated December 22, 1999, is vacated, the motion is granted, and a new trial is granted, with costs to…