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SUIB v. NEW YORK CITY BOARD OF EDUCATION

309 A.D.2d 920 (2003)

766 N.Y.S.2d 117

CAMMY SUIB, Appellant, v. NEW YORK CITY BOARD OF EDUCATION et al., Respondents, et al., Defendant.

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

Decided October 27, 2003.

Ordered that the judgment is reversed, on the facts, with costs, the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of damages against the respondents.

It is well settled that a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence...

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