Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was pursuant to CPLR 4401 and 4404 (a) for judgment as a matter of law is granted, that branch of the motion which was pursuant to CPLR 4404 (a) to set aside the jury verdict and for a new trial is denied as academic, and the complaint is dismissed.
The plaintiff commenced this action on behalf of herself and the estate of her deceased 23-year-old son...
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