RONESSA H. (ANONYMOUS), APPELLANT-res, v. CITY OF NEW YORK res-ap, ET AL., def

RONESSA H. (ANONYMOUS), APPELLANT-res, v. CITY OF NEW YORK res-ap, ET AL., def — (INDEX NO. 18929/06)In an action, inter alia, to recover damages for violations of civil rights pursuant to 42 USC §1983, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County Martin, J.), dated November 16, 2010, as, after a jury verdict finding the defendant City of New York 50 percent at fault in the happening of the incident, the defendant Andrew C. Johnson 30 percent at fault, and the defendant Donald Nelson 20 percent at fault, and awarding damages in the sums of $650,000 for past pain and suffering and $90,000 for future pain and suffering, and awarding punitive damages against the defendant Donald Nelson in the sum of $175,000, granted that branch of the motion of the defendants City of New York and Donald Nelson which was pursuant to CPLR 4404(a) to set aside the verdict as against the weight of the evidence and for a new trial on the issue of liability and damages as against them, and thereupon directed a new trial on the issues of liability and damages, and the defendants City of New York and Donald Nelson cross-appeal, as limited by their brief, from so much of the same order as, in effect, denied that branch of their motion which was pursuant to CPLR 4404(a) for judgment as a matter of law dismissing the complaint insofar as asserted against them for failure to establish a prima facie case.

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RONESSA H. (ANONYMOUS), APPELLANT-res, v. CITY OF NEW YORK res-ap, ET AL., def — (INDEX NO. 18929/06)In an action, inter alia, to recover damages for violations of civil rights pursuant to 42 USC §1983, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County Martin, J.), dated November 16, 2010, as, after a jury verdict finding the defendant City of New York 50 percent at fault in the happening of the incident, the defendant Andrew C. Johnson 30 percent at fault, and the defendant Donald Nelson 20 percent at fault, and awarding damages in the sums of $650,000 for past pain and suffering and $90,000 for future pain and suffering, and awarding punitive damages against the defendant Donald Nelson in the sum of $175,000, granted that branch of the motion of the defendants City of New York and Donald Nelson which was pursuant to CPLR 4404(a) to set aside the verdict as against the weight of the evidence and for a new trial on the issue of liability and damages as against them, and thereupon directed a new trial on the issues of liability and damages, and the defendants City of New York and Donald Nelson cross-appeal, as limited by their brief, from so much of the same order as, in effect, denied that branch of their motion which was pursuant to CPLR 4404(a) for judgment as a matter of law dismissing the complaint insofar as asserted against them for failure to establish a prima facie case.

ORDERED that the order is affirmed insofar as appealed from; and it is further,

RONESSA H. (ANONYMOUS), APPELLANT-res, v. CITY OF NEW YORK res-ap, ET AL., def

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