Majority
In an action to recover damages for personal injuries, the defendants I. Gold Corp., doing business as I. Gold & Sons, Abinal Pinero, and Monroe Truck Leasing appeal from a judgment of the Supreme Court, Kings County (Knipel, J.), dated November 13, 2007, which, upon remittitur from this Court limited to a new trial on the issue of damages for future medical expenses (Roman v I. Gold Corp., 35 AD3d 833 [2006]), and upon a jury verdict finding that the plaintiff sustained damages for future medical expenses in the principal sum of $306,200, and upon the denial of their motion pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law or, in the alternative, to set aside the verdict as contrary to the weight of the evidence and for a new trial, is in favor of the plaintiff and against them, as reduced pursuant to Insurance Law § 5104, in the principal sum of $264,938.43.
Ordered that the judgment is affirmed, with costs.
Before granting a motion pursuant to CPLR 4404 (a) to set aside a verdict and for judgment as a matter of law, the trial court must conclude that there is “simply no valid line of reasoning and permissible inferences which could possibly lead
Cases cited
- Roman v. I. Gold Corp. 35 AD3d 833 p. 1136
- Cohen v. Hallmark Cards, Inc. 45 NY2d 493 at 499 p. 1137
- Firmes v. Chase Manhattan Automotive Finance Corp. 50 AD3d 18 at 29 p. 1137
- Ayala v. Lindy's Dispatching, Inc. 54 AD3d 699 at 700 p. 1137
- Martelli v. City of New York 219 AD2d 586 p. 1137
- Scibelli v. Herman 49 AD3d 627 p. 1137
- Nicastro v. Park 113 AD2d 129 at 134 p. 1137