Ryan v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, the defendant City of New York appeals from a judgment of the Supreme Court, Queens County (Flug, J.), entered February 9, 2010, which, upon a jury verdict, and upon the denial of its motion pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law, is in favor of the plaintiff and against it in the principal sum of $447,640.45.
Ordered that the judgment is reversed, on the law, with costs, the defendant’s motion pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law is granted, and the complaint is dismissed insofar as asserted against the defendant City of New York.
The plaintiff commenced this action against, among others, the City of New York to recover damages for injuries he allegedly sustained when his motorcycle came into contact with defects in the roadway, causing him to fall. After the jury rendered a verdict in favor of the plaintiff, the City moved pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law. The Supreme Court denied the motion, and entered judgment in favor of the -plaintiff and against the City. We reverse.
“A motion for judgment as a matter of law pursuant to CPLR 4401 or 4404 may be granted only when the trial court determines that, upon the evidence presented, there is no valid line of reasoning and permissible inferences which could pos
Case-law data current through December 31, 2025. Source: CourtListener bulk data.