Salter v. St. Preux

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated April 30, 2008, as granted that branch of the plaintiffs motion which was pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence and for a new trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this personal injury action after he was struck by an automobile driven by the defendant. At trial, the plaintiff testified that on a…