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ELLSWORTH v. CHAN

270 A.D.2d 811 (2000)

705 N.Y.S.2d 750

MICHELLE M. ELLSWORTH et al., Appellants, v. M.C. DEREK CHAN, Respondent. (Appeal No. 1.)

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

Decided March 29, 2000.

Judgment affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion to set aside the jury verdict as against the weight of the evidence (see, Riggio v New Creation Fellowship, 249 A.D.2d 942). We further conclude that plaintiffs' contention that the court erred in giving an "error in judgment" charge is not preserved for our review. Plaintiffs submitted evidence at trial that defendant deviated...

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