Opinion
April 19, 1971
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated June 24, 1970, which, after a trial on the issue of liability only, set aside a jury verdict in defendants' favor on the ground that such verdict was against the weight of the credible evidence, and ordered a new trial. Order reversed on the facts without costs, verdict reinstated and judgment directed in defendants' favor thereon. The testimony given at the trial was sufficient to support a jury finding that the plaintiff had contributed to, if not deliberately caused, the accident which he seeks to blame entirely on the defendant. As such, a finding for the defendant was proper, and it was error for the trial court to set aside the defendants' verdict ( Fogel v. Nelson, 33 A.D.2d 540). Martuscello, Acting P.J., Latham, Gulotta, Christ and Benjamin, JJ., concur.