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ARAGON v. A & L REFRIGERATION CORP.

209 A.D.2d 268 (1994)

618 N.Y.S.2d 345

Washington J. Aragon et al., Respondents, v. A & L Refrigeration Corp. et al., Appellants, et al., Defendant

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

November 15, 1994

A new trial is warranted in this matter due to both the defective supplemental jury charge and our determination that the jury's verdict is against the weight of the evidence.

We reach the issue of the defective supplemental jury charge despite the fact that it was not preserved for review, since defendants did not object to the supplemental charge prior to the jury resuming deliberations (CPLR 4110-b; Goldberg v Wirtosko...

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