Appellate Division of the Supreme Court of the State of New York November 18, 2002 (Brzuszewski v. 69-70 Associates)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Sampson, J.), entered August 22, 2001, which, upon the granting of the defendant’s oral application, in effect, pursuant to CPLR 4404 (a) to set aside a jury verdict on the issue of liability in favor of the plaintiff as a matter of law, dismissed the complaint.