Appellate Division of the Supreme Court of the State of New York March 17, 2009 (Downes v. City of Mount Vernon)

— In an action to recover damages for personal injuries, etc., the defendant appeals from a judgment of the Supreme Court, Westchester County (Liebowitz, J.), entered August 17, 2007, which, upon the denial of its motion, in effect, pursuant to CFLR 4401 for judgment as a matter of law on the issue of liability, upon a jury verdict finding it 70% at fault in the happening of the accident and the