PATRICIA TELESCO ap, v. KYLE BLACKMAN, ET AL., res

PATRICIA TELESCO ap, v. KYLE BLACKMAN, ET AL., res — (INDEX NO. 7343/10)In an action to recover damages for personal injuries, etc., the plaintiffs appeal (1) from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 11, 2014, which denied their motion pursuant to CPLR 4404(a) to set aside so much of a jury verdict as found that the plaintiff Patricia Telesco did not sustain a serious injury under the significant limitation of use category of Insurance Law §5102(d) as a result of the subject accident and as awarded zero damages for future pain and suffering, for judgment as a matter of law on those issues, and for a new trial on the issue of damages for future pain and suffering, or, in the alternative, to set aside those portions of the verdict as contrary to the weight of the evidence and for a new trial on those issues, and (2) as limited by their brief, from so much of a judgment of the same court, entered April 14, 2014, as, upon the aforementioned portions of the jury verdict and upon the order, failed to award damages for future pain and suffering.

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PATRICIA TELESCO ap, v. KYLE BLACKMAN, ET AL., res — (INDEX NO. 7343/10)In an action to recover damages for personal injuries, etc., the plaintiffs appeal (1) from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 11, 2014, which denied their motion pursuant to CPLR 4404(a) to set aside so much of a jury verdict as found that the plaintiff Patricia Telesco did not sustain a serious injury under the significant limitation of use category of Insurance Law §5102(d) as a result of the subject accident and as awarded zero damages for future pain and suffering, for judgment as a matter of law on those issues, and for a new trial on the issue of damages for future pain and suffering, or, in the alternative, to set aside those portions of the verdict as contrary to the weight of the evidence and for a new trial on those issues, and (2) as limited by their brief, from so much of a judgment of the same court, entered April 14, 2014, as, upon the aforementioned portions of the jury verdict and upon the order, failed to award damages for future pain and suffering.

ORDERED that the appeal from the order is dismissed; and it is further;

PATRICIA TELESCO ap, v. KYLE BLACKMAN, ET AL., res

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