MAZZA v. O'KEEFE


275 A.D.2d 696 (2000)

713 N.Y.S.2d 205

GARY MAZZA, Appellant, v. KEVIN O'KEEFE, Respondent.

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

Decided September 11, 2000.


Ordered that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for personal injuries allegedly sustained in a two-vehicle collision. After a trial on the issue of damages only, the jury returned a verdict in favor of the defendant. The trial court denied the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the verdict.

The plaintiff was not entitled to judgment against the defendant as a matter of law, as "the...

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