Appellate Division of the Supreme Court of the State of New York July 5, 2005 (Salim v. Gomez)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Harkavy, J.), dated October 15, 2003, which, upon a jury verdict, and upon an order of the same court dated September 10, 2003, denying his motion pursuant to CELÉ 4404 (a) to set aside the verdict as against the weight of the evidence and on the ground that it was the