Panariello v. Ballinger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated January 21, 1997, which granted the plaintiffs motion pursuant to CPLR 4404 to set aside the jury verdict in favor of the defendants as against the weight of the evidence, and ordered a new trial on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff was injured when she was struck by an automobile driven by the defendant David M. Ballinger. At the timé of the accident, the plaintiff was standing on a double…
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