Opinion
570255/04.
Decided October 21, 2005.
Defendants appeal from a judgment of the Civil Court of the City of New York, Bronx County, entered June 5, 2003 after a jury trial (Wilma Guzman, J.), upon a verdict in favor of plaintiff in the sum of $250,000.
PRESENT: SEPTEMBER 2004 TERM Suarez, P.J., McCooe, Gangel-Jacob, JJ.
Judgment entered June 5, 2003 (Wilma Guzman, J. and jury) reversed, and new trial ordered, with $30 costs to abide the event.
In a pre-trial stipulation, defendants conceded liability in connection with the vehicular accident giving rise to this personal injury action in exchange for a $250,000 cap on damages. The stipulation by its terms did not remove the threshold requirement of establishing serious injury (Insurance Law § 5102; see Reid v. Brown, 308 AD2d 331), and the court's preclusion of any evidence on the issue warrants a new trial.
This constitutes the decision and order of the Court.