Appellate Division of the Supreme Court of the State of New York October 9, 2001 (Spanbock v. Trzaska)

—In an action to recover damages for wrongful death, the defendant County of Suffolk appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), dated April 28, 2000, which, inter alia, upon a jury verdict finding it 50% at fault in the happening of the accident and awarding damages and upon the denial of that branch of its posttrial motion pursuant to CPLR 4404 which was for