Gertis v. Jarosz

—Judgment unanimously reversed on the law without costs, motion granted, verdict set aside and new trial granted. Memorandum: Supreme Court erred in denying plaintiff’s motion to set aside the jury verdict of no cause of action as against the weight of the evidence. The jury found that plaintiff did not “sustain an injury that resulted in a fracture of the tooth.” The uncontradicted evidence establishes, however, that plaintiffs tooth was fractured through the root and within the bone of the tooth’s socket as a result of the motor vehicle accident at issue. Thus, the jury’s finding that…