Stewartson v. Gristede's Supermarket, Inc.

—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered December 14, 1998, which, upon the prior grant of defendant’s post-trial motion for a directed verdict, dismissed the complaint in this personal injury action, unanimously reversed, on the law, with costs, defendant’s post-trial motion seeking a directed verdict denied and the matter remanded to the trial court for determination of that part of defendant’s motion which sought to set the jury’s verdict aside as excessive.

It is undisputed that plaintiff was second in line at defendant supermarket’s checkout counter, while…