It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Plaintiffs commenced this action to recover damages for injuries sustained by Lomax Barnes (plaintiff) as a result of an automobile accident. Supreme Court properly granted in part plaintiffs' motion pursuant to CPLR 4404 (a) to set aside the jury verdict of no cause of action and granted a new trial on the issue whether plaintiff sustained...
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