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DiROSE v. PK MANAGEMENT CORP.

No. 1170, Docket 81-7669.

691 F.2d 628 (1982)

J. Richard DiROSE, Plaintiff-Appellee, v. PK MANAGEMENT CORP., Nicholas A. DeMare, Frank Ciccarelli, John S. Russo, Harry Kursh, Anthony Curatolo and Jerome Dansker, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 25, 1982.

Attorney(s) appearing for the Case

Percival Oviatt, Rochester, N. Y. (Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, N.Y., on the brief), for defendants-appellants.

Victor Fuzak, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear, and Allen H. Beroza, Buffalo, N.Y., on the brief), for plaintiff-appellee.

Before TIMBERS, VAN GRAAFEILAND and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

PK Management Corporation (PK) and Frank Ciccarelli appeal from a judgment of the United States District Court for the Western District of New York, Elfvin, J., entered upon a jury verdict in favor of appellee Richard DiRose in the amount of $892,282.33, and from Judge Elfvin's order denying appellants' motion for judgment n. o. v. or a new trial. For the reasons discussed below, we hold that appellants' motion for a new trial should...

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