The primary question presented on these appeals is whether the verdict of the jury in favor of plaintiff in this wrongful death action is supported by legally sufficient evidence. In our view it is not and the judgment should therefore be reversed. Consequently, Supreme Court erred in denying defendant's motion pursuant to CPLR 4404 (a) to set aside the verdict.
In the early morning hours of June 7, 1981, Robert C. Smith, Jr. (hereinafter...
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