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HERBST v. MARSHALL

CA 11-00326.

89 A.D.3d 1403 (2011)

933 N.Y.S.2d 461

2011 NY Slip Op 7965

MARY HERBST et al., Respondents-Appellants, v. MARK MARSHALL, Appellant-Respondent, et al., Defendant.

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

Decided November 10, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Mary Herbst (plaintiff) when her vehicle was rear-ended by a vehicle that in turn had been rear-ended by a vehicle driven by Mark Marshall (defendant). Following a jury trial, Supreme Court granted plaintiffs' post-trial motion seeking, in the alternative, to set aside the verdict...

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