Appellate Division of the Supreme Court of the State of New York June 20, 2012 (Nunez v. Motor Vehicle Accident Indemnification Corp.)

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), entered March 11, 2011, which, upon, in effect, the denial of its motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiffs case, and upon a jury verdict finding that the plaintiff sustained a serious injury under