Majority
p. 1647Arthur J. Springs, Jr., Respondent, v City of Buffalo, Defendant/Third-Party Plaintiff-Appellant, et al. Defendants. Harsco Corporation et al., Third-Party Defendants-Appellants. [913 NYS2d 596]
Appeals from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 25, 2009 in a personal injury action. The order granted the motion of plaintiff to set aside a jury verdict and ordered a new trial on damages.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present — Centra, J.P., Garni, Sconiers and Pine, JJ.