Judgment unanimously reversed on the law with costs, motion granted and new trial granted.
Memorandum:
Supreme Court erred when it denied plaintiffs' motion to set aside the verdict as against the weight of the evidence. Plaintiff Dennis Pearson (plaintiff) commenced this action to recover for "serious injury" sustained as a result of an accident with defendant (see, Insurance Law § 5104 [a]). Plaintiff testified that he suffered a fracture and...
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