Cam v. Mainor

Order, Supreme Court, New York County (John Parker, J.), entered on or about October 13, 1999, which, insofar as appealed from, granted plaintiffs’ CPLR 4404 motion to the extent of setting aside that portion of the verdict failing to make a monetary award to plaintiffs for damages sustained by reason of defendant-appellant’s negligence and ordering á new trial solely as to the damages for which defendant-appellant is answerable, unanimously affirmed, without costs.

*417The trial court, which was well situated to assess the evidence, properly exercised its discretion in concluding that the jury…