Doubrovinskaya v. Dembitzer
| Decision Date | 05 October 2010 |
| Citation | 908 N.Y.S.2d 730,77 A.D.3d 609 |
| Parties | Irina DOUBROVINSKAYA, respondent, v. Naftali Z. DEMBITZER, appellant. |
| Court | New York Supreme Court — Appellate Division |
77 A.D.3d 609
Irina DOUBROVINSKAYA, respondent,
v.
Naftali Z. DEMBITZER, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 5, 2010.
Montfort, Healy, McGuire & Salley, Garden City, N.Y. (Donald S. Neumann, Jr., and Gaetana Liantonio-McBride of counsel), for appellant.
Michael A. Forzano, Brooklyn, N.Y., for respondent.
PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, L. PRISCILLA HALL, and PLUMMER E. LOTT, JJ.
In an action to recover damages for personal injuries, the defendant appeals from (1) a judgment of the Supreme Court, Kings County, entered December 5, 2008, pursuant to CPLR 5003-a, which, upon an order of the same court (Battaglia, J.), dated May 28, 2008, granting the plaintiff's motion pursuant to CPLR 4404(a) to set aside a jury verdict in the defendant's favor on the issue of liability as contrary to the weight of the evidence
ORDERED that the judgment is reversed, on the facts, the plaintiff's motion pursuant to CPLR 4404(a) to set aside the jury verdict in the defendant's favor on the issue of liability as contrary to the weight of the evidence, and for a new trial is denied, the jury verdict in the defendant's favor is reinstated, the order dated May 28, 2008, is modified accordingly, the order dated December 2, 2009, is vacated, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate judgment in accordance with the "high-low" agreement; and it is further,
ORDERED that the appeal from the order dated December 2, 2009, is dismissed as academic; and it is further,
ORDERED that one bill of costs is awarded to the defendant.
Contrary to the defendant's contention, the Supreme Court did not err in considering the merits of the plaintiff's motion pursuant...
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