Demarco v. Frucchione

— Cross appeals from an order of the Supreme Court, entered May 9, 1978 in Fulton County, which granted defendant’s motion to set aside a jury verdict in favor of plaintiffs and directed a new trial. In this negligence action arising out of a rear-end collision between an automobile in which the plaintiff was a passenger and an automobile allegedly owned and driven by defendant, the jury returned a verdict in favor of plaintiffs. Defendant moved to set aside the verdict and dismiss the complaint upon the ground that plaintiffs had failed to elicit testimony directly identifying defendant as…