Peters v. Wallis
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, the plaintiff appeals from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated December 12, 2013, as granted those branches of the defendant’s motion which were pursuant to CPLR 4404 (a) to set aside a jury verdict as contrary to the weight of the evidence, declare a mistrial, and, in effect, to direct a new trial on the issue of liability.
Ordered that the order is modified, on the facts, by deleting the provision thereof granting that branch of the defendant’s motion which was pursuant to CPLR 4404 (a) to set…
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