Barnes v. S.T. Kociszewski

*825Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered January 6, 2003. The order, insofar as appealed from, granted in part plaintiffs’ motion to set aside the jury verdict, granted a new trial on the issue whether plaintiff Lomax Barnes sustained economic loss in excess of basic economic loss and vacated the judgment in favor of defendants.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Lomax Barnes…