PERSAUD v. CITY OF NEW YORK


307 A.D.2d 346 (2003)

762 N.Y.S.2d 641

DEODAT PERSAUD et al., Respondents, v. CITY OF NEW YORK et al., Respondents-Appellants, and CARMELO E. MERO et al., Appellants-Respondents.

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

Decided July 28, 2003.


Ordered that the judgment is modified, on the law and the facts and as an exercise of discretion, (1) by (a) granting that branch of the motion of the defendants City of New York and Francis Knowles which was to set aside the verdict as to them as against the weight of the evidence, and (b) deleting the provisions thereof awarding the plaintiffs damages against the defendants City of New York and Francis Knowles, and substituting therefor a provision dismissing the complaint...

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