Pinkus v. Esch

—Order, Supreme Court, New York County (Carol Huff, J.), entered October 10, 1997, which granted plaintiff’s motion to set aside the jury verdict in plaintiffs favor in the amount of $9,000 and directed a new trial, unanimously affirmed, without costs.

The trial court’s determination to set aside the verdict and to order a new trial constituted a proper and, indeed, prudent exercise of its discretionary authority pursuant to CPLR 4404, especially in light of the clear inadequacy of the verdict where the jury found a 35-year permanent disability. We have considered the parties’ remaining arguments for affirmative relief and find them to be unavailing. Concur — Ellerin, J. P., Nardelli, Wallach and Rubin, JJ.