Smith v. Niagara Frontier Transit Metro System, Inc.

Appeal and cross, appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered December 10, 2008 in a personal injury action. The order granted plaintiffs motion, set aside the verdict and granted a new trial, unless defendants stipulated to increase the award of damages to $350,000..

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion for a directed verdict is denied, the verdict is set aside and a new trial is granted, and the post-trial motion is dismissed.

Memorandum: Plaintiff commenced this action…