ZEIGLER v. NEELY


220 A.D.2d 345 (1995)

633 N.Y.S.2d 121

Sandra Zeigler, Individually and as Mother and Natural Guardian of Ismael K. Reynolds, an Infant, Respondent, v. Nina Neely, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1995


The trial court properly set aside the jury verdict in the first trial (CPLR 4404 [a]) and ordered a new trial on the issue of damages only. A review of the record of that trial leads us to conclude that the findings of liability and apportionment of fault were amply supported by the record and were not infected by the jury's failure to award damages in the face of the uncontroverted testimony of plaintiffs' medical expert (Figliomeni...

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