ALFONSO ROBLES, APPELLANT-res, v. POLYTEMP, INC. RESPONDENTS-ap

ALFONSO ROBLES, APPELLANT-res, v. POLYTEMP, INC. RESPONDENTS-ap — (INDEX NO. 12078/09)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Westchester County (Walker, J.), dated November 16, 2012, which, upon a jury verdict on the issue of damages, and upon an order of the same court dated July 20, 2012, denying his motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages as inadequate and for a new trial, is in favor of him and against the defendants in the principal sum of only $525,194.33, and the defendants cross-appeal, as limited by their brief, from stated portions of the same judgment which, upon a jury verdict on the issue of liability, finding them 65 percent at fault in the happening of the accident and the plaintiff 35 percent at fault, and upon the denial of their motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability, and upon the jury verdict on the issue of damages, is in favor of the plaintiff and against them in the principal sum of $525,194.33.

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ALFONSO ROBLES, APPELLANT-res, v. POLYTEMP, INC. RESPONDENTS-ap — (INDEX NO. 12078/09)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Westchester County (Walker, J.), dated November 16, 2012, which, upon a jury verdict on the issue of damages, and upon an order of the same court dated July 20, 2012, denying his motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages as inadequate and for a new trial, is in favor of him and against the defendants in the principal sum of only $525,194.33, and the defendants cross-appeal, as limited by their brief, from stated portions of the same judgment which, upon a jury verdict on the issue of liability, finding them 65 percent at fault in the happening of the accident and the plaintiff 35 percent at fault, and upon the denial of their motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability, and upon the jury verdict on the issue of damages, is in favor of the plaintiff and against them in the principal sum of $525,194.33.

ORDERED that the judgment is modified, on the law, by increasing the principal sum awarded to the plaintiff from $525,194.33 to $655,194.33; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate amended judgment.

ALFONSO ROBLES, APPELLANT-res, v. POLYTEMP, INC. RESPONDENTS-ap

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