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McDERMOTT v. COFFEE BEANERY

9 A.D.3d 195 (2004)

777 N.Y.S.2d 103

SIOBHAN McDERMOTT et al., Respondents, v. COFFEE BEANERY, LTD., Defendant, and LOVE AND QUICHES DESSERTS, Appellant. (And a Third-Party Action.)

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

May 20, 2004.

Attorney(s) appearing for the Case

Goldman & Grossman (Eleanor R. Goldman and Jay S. Grossman of counsel), for appellant.

William D. Fireman for respondents.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal, we are asked to determine, inter alia, whether the trial court erred when it granted plaintiffs' posttrial motion to set aside the jury verdict in favor of defendant Love and Quiches Desserts, as against the weight of the evidence, and remanded the matter for a new trial on the issue of proximate cause and damages.

Overview

Plaintiff Siobhan McDermott1

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