DiBenedetto v. Abreu

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Fusco, J), dated January 13, 2012, as granted that branch of the plaintiffs motion which was pursuant to CPLR 4404 (a) to set aside so much of a jury verdict as found that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, for judgment as a matter of law on that issue, and for a new trial on the issue of damages only.

Ordered that the order is affirmed insofar…