McDONALD v. LONG ISLAND RAIL ROAD

2009-04262.

77 A.D.3d 712 (2010)

909 N.Y.S.2d 514

IRENE McDONALD, Respondent, v. LONG ISLAND RAIL ROAD, Appellant.

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

Decided October 12, 2010.


Ordered that the judgment is reversed, on the facts, with costs, the defendant's motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability as contrary to the weight of the evidence and for a new trial, and to set aside the jury verdict on the issue of damages as excessive is granted, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of liability and, if liability is found,

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