Stanley v. Lallis

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Slobod, J.), entered November 14, 1996, which, after a jury trial on the issue of damages, is in favor of the defendants and against them.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only.

The jury’s determination that the injured plaintiff, Julianne R. Stanley, did not ,sustain a serious injury within the meaning of Insurance Law .§ 5102 (d) is contrary to a…