Appellate Division of the Supreme Court of the State of New York April 5, 2001 (Hess v. Dart)

—Mercure, J. P.

Appeal from an order of the Supreme Court (Monserrate, J.), entered January 24, 2000 in Broome County, which denied plaintiffs’ motion to set aside the verdict.

Plaintiffs brought this action to recover for injuries sustained by plaintiff Tina L. Hess (hereinafter plaintiff) in an October 1, 1997 automobile accident.