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2013-1058 K C. FERDINAND, Res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an interlocutory judgment of the Civil Court of the City of New York, Kings County (Patricia Anne Williams, J.), entered November 12, 2014. The interlocutory judgment, upon an order of the same court which, following a jury verdict in favor of defendant on the issue of liability, granted plaintiff’s motion pursuant to CPLR 4401 for a directed verdict on the issue of liability and set aside the jury verdict, is in favor of plaintiff on the issue of liability.

ORDERED that the interlocutory judgment is reversed, without costs, so much of the order as granted plaintiff’s motion pursuant to CPLR 4401 for a directed verdict on the issue of liability is vacated, plaintiff’s motion is denied, the remainder of the order is modified to provide that the verdict is set aside as contrary to the weight of the evidence, and the matter is remitted to the Civil Court for a new trial on the issue of liability.

 
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