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RYAN v. ORANGE COUNTY FAIR SPEEDWAY

227 A.D.2d 609 (1996)

643 N.Y.S.2d 211

James K. Ryan et al., Appellants-Respondents, v. Orange County Fair Speedway et al., Respondents-Appellants

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

May 28, 1996

Ordered that the cross appeal of the defendant Orange County Fair Speedway is dismissed, as that defendant is not aggrieved by the order and judgment cross-appealed from (see, CPLR 5511); and it is further,

Ordered that the order and judgment is reversed, on the law, the plaintiffs' motion pursuant to CPLR 4404 (a) to set aside the verdict on the issue of damages is granted, and the matter is remitted to the Supreme Court, Orange County, for a new trial on...

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