Penny v. Shubinsky

In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Nassau County (Christ, J.), dated April 16, 1986, which, after a jury trial, is in favor of the plaintiff and against him in the principal amount of $145,540.

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only, unless within 20 days after the service upon the plaintiff of a copy of this decision and order, together with notice of entry, the plaintiff…