Appellate Division of the Supreme Court of the State of New York January 26, 2004 (Yaccarino v. Sherwood Medical)

In an action to recover damages for personal injuries, the de*563fendant Sherwood Medical appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated July 29, 2002, which granted the plaintiffs motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant on the issue of liability and for a new trial.