Broncati v. City of White Plains

In an action to recover damages for personal injuries, etc., the defendant City of White Plains appeals from an interlocutory judgment of the Supreme Court, Westchester County (DiBlasi, J.), entered May 21, 2003, which, upon, inter alia, a jury verdict finding that it was 77% at fault in the happening of the accident, and the denial of its motion pursuant to CPLR 4401 for *477judgment as a matter of law dismissing the complaint insofar as asserted against it, made at the close of the plaintiffs’ evidence, is in favor of the plaintiffs and against it on the issue of liability.

Ordered that the…