SWEDOWSKI v. ETHICON, INC.


6 A.D.3d 1198 (2004)

775 N.Y.S.2d 718

MARISA SWEDOWSKI, Appellant, v. ETHICON, INC., et al., Defendants, and HEALTH SERVICES ASSOCIATION OF CENTRAL NEW YORK, INC., Respondent.

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

April 30, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion pursuant to CPLR 4404 seeking a new trial on the issue of damages. "Although a trial court possesses broad discretion to grant a new trial where the verdict is against the weight of the evidence ... [, t]he guiding standard is that a jury verdict...

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