DiDonna v. Houck

In an action to recover damages for personal injuries, the *663defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), entered August 1, 2012, as granted that branch of the plaintiffs motion which was pursuant to CPLR 4404 (a) to set aside, as contrary to the weight of the evidence, a jury verdict finding the plaintiff 60% at fault in the happening of the accident and the defendants 40% at fault, and for a new trial, and directed a new trial on the issue of liability unless the parties stipulated to a finding that the…