WOODWARD v. CITY OF UTICA


113 A.D.2d 1011 (1985)

Barry Woodward, Respondent, v. City of Utica, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 27, 1985


Judgment unanimously affirmed, with costs.

Memorandum:

We affirm for the reasons stated in the decision of Lawton, J., on the motion to set aside the verdict. We add only that defendant's counsel stated in his brief and in the record that the reduction in the verdict to $100,000 "was consented to by both parties in lieu of a new trial and solely on the issue of damages." (Emphasis added.) Defendant, therefore, cannot now complain about the amount of...

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