O'Brien v. Mulcahy

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (I. Aronin, J.), entered February 15, 1994, which, upon a jury verdict on the issue of damages, is in favor of the plaintiff and against the defendant in the principal sum of $200,000.

Ordered the judgment is modified, on the facts and as a matter of discretion, by deleting the first decretal paragraph thereof and substituting therefor a provision granting a new trial on the issue of damages; as so modified, the judgment is affirmed, with costs to the appellant…