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BOLTON v. EJIOLEH EXPRESS

2009-08468.

79 A.D.3d 779 (2010)

913 N.Y.S.2d 721

MALCOLM BOLTON, Appellant, v. EJIOLEH EXPRESS, Doing Business as EJIOLEH EXPRESS SERVICES, et al., Respondents, et al., Defendant.

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

Decided December 14, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants Ejioleh Express, doing business as Ejioleh Express Services, and John Ajah which were pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law are denied, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issue of damages.

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