Byrnes v. Varlack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Charlesworth Varlack appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated December 8, 2003, which, upon jury verdicts on the issues of liability and damages and upon the denial of his motions pursuant to CPLR 4404, inter alia, to set aside the verdicts on liability and damages as against the weight of the evidence, is in favor of the plaintiff and against him in the principal sum of $270,000.
Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is…
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