Tolas v. Fiumano

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated December 12, 2000, which, upon a jury verdict on the issue of liability finding the injured plaintiff 70% at fault in the happening of the accident and the defendants 30% at fault, granted the defendants’ motion pursuant to CPLR 4404 to set aside the verdict on the ground that it was not supported by legally sufficient evidence and to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied,…