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RODRIGUEZ v. GILDERSLEEVE

306 A.D.2d 520 (2003)

761 N.Y.S.2d 848

SIXTO RODRIGUEZ, Respondent, v. EDWARD GILDERSLEEVE et al., Appellants.

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

Decided June 30, 2003.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the trial court properly granted the plaintiff's motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence and granted a new trial since the record demonstrates that the jury could not have reached the verdict by any fair interpretation of the evidence (see Nicastro v Park, 113 A.D.2d 129 [1985]).

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