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JONES v. WESTCHESTER COUNTY

2018-08383. Index No. 62715/15.

203 A.D.3d 898 (2022)

161 N.Y.S.3d 813

2022 NY Slip Op 01774

Gerald Jones, Respondent, v. Westchester County, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 16, 2022.

Attorney(s) appearing for the Case

Keane & Bernheimer, PLLC, Valhalla, NY (Jason M. Bernheimer and Peter W. Yoars, Jr., of counsel), for appellant.

Sayegh & Sayegh, P.C., Yonkers, NY (Brendan O'Meara and Jaclyn S. Nesheiwat of counsel), for respondent.

LaSalle, P.J., Connolly, Iannacci and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the facts, with costs, the plaintiff's oral application pursuant to CPLR 4404(a) to set aside the verdict as contrary to the weight of the evidence and for a new trial is denied, and the jury verdict is reinstated...

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