Kilmer v. Davis

In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Dutchess County (Tolbert, J.), entered October 15, 2001, which, upon, inter alia, the granting of the plaintiffs’ motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability, and a jury verdict as to damages, is in favor of the plaintiffs and against them in the principal sum of $307,861.

Ordered that the judgment is reversed, on the law, the mo*564tion is denied, and a new. trial on the issue of liability only is granted, with costs to abide the…