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BALLAS v. OCCUPATIONAL AND SPORTS MEDICINE OF BROOKHAVEN, P.C.

46 A.D.3d 498 (2007)

846 N.Y.S.2d 664

MELISSA BALLAS, Respondent, v. OCCUPATIONAL AND SPORTS MEDICINE OF BROOKHAVEN, P.C., et al., Appellants, et al., Defendant.

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

Decided December 4, 2007.

Ordered that the order is reversed, on the law, with one bill of costs, and the plaintiff's motion to set aside the jury verdict on the issue of damages is denied.

The trial court's discretionary authority to set aside a jury verdict as against the weight of the evidence under CPLR 4404 (a) is to be exercised with considerable caution (see Nicastro v Park, 113 A.D.2d 129, 133 [1985]). It is properly invoked only when the...

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