Ruscito v. Early

In an action to recover damages for personal injuries, etc., the defendant Raymond Early appeals from so much of an order of the Supreme Court, Suffolk County (Newmark, J.), dated June 3, 1997, as granted that branch of the plaintiffs’ motion pursuant to CPLR 4404 (a) which was to set aside a jury verdict in his favor as contrary to the weight of the evidence, and directed a new trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiffs were passengers in a car driven by their mother, Kathleen Ruscito, a defendant in this action. Ruscito stopped at a…