2011-10-25 John SCHENPANSKI, et al., appellants,v.PROMISE DELI, INC., et al., respondents. Gruenberg & Kelly, P.C., Ronkonkoma, N.Y. (John Aviles of counsel), for appellants.Carman, Callahan & Ingham, LLP, Farmingdale, N.Y. (Michael M. Burkart of counsel), for respondent Promise Deli, Inc.Robert J. Cava P.C., West Babylon, N.Y., for respondent Cliff Realty Corp. PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, and ROBERT J. MILLER, JJ. Gruenberg & Kelly, P.C., Ronkonkoma, N.Y. (John Aviles
No. 2005-03594. December 12, 2006. In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Knipel, J.), entered April 7, 2005, which, upon, inter alia, the denial of its motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of evidence on the issue of liability, and a jury verdict, is in favor of the plaintiff and against it on the issue of liability, and the plaintiff cross-appeals from so much of the
No. 65. Argued March 18, 2008. decided April 29, 2008. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered January 16, 2007. The Appellate Division (1) modified, on the facts and in the exercise of discretion, a judgment of the Supreme Court, Kings County (Mark I. Partnow, J.), which had awarded the plaintiff damages in the principal sums of $300,000 for past pain and suffering and $750,000 for future