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MICHAEL H. SPECTOR, AIA, P.C. v. BILLY SMITH'S SPORT CENTER, INC.

2010-09921.

95 A.D.3d 967 (2012)

944 N.Y.S.2d 232

2012 NY Slip Op 3610

MICHAEL H. SPECTOR, AIA, P.C., Doing Business as THE SPECTOR GROUP, Respondent-Appellant, v. BILLY SMITH'S SPORT CENTER, INC., et al., Appellants-Respondents, and ABRAHAM ZION, Respondent.

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

Decided May 8, 2012.

Ordered that the appeal by the defendant Billy Smith's Sport Center, Inc., is dismissed, as it is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is affirmed on the appeal by Mark Zion and insofar as cross-appealed from, without costs or disbursements.

"`Before granting a motion pursuant to CPLR 4404 (a) to set aside a verdict and for judgment as a matter of law, the trial court must conclude...

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