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KENNETT v. PIOTROWSKI

234 A.D.2d 983 (1996)

651 N.Y.S.2d 820

Ernest W. Kennett, Appellant, v. Eugene Piotrowski et al., Respondents and Third-Party Plaintiffs. Besroi Construction Corp., Third-Party Defendant-Respondent. (Appeal No. 1.)

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

December 30, 1996

Judgment unanimously reversed on the law with costs, motion granted and new trial granted on damages only.

Memorandum:

Supreme Court should have granted plaintiff's CPLR 4404 motion to set aside the jury verdict and directed a new trial on the issue of damages. The record establishes that plaintiff was granted summary judgment against defendants on the issue of liability for personal injuries he sustained as a result...

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