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SMITH v. HOUDE

18 A.D.3d 734 (2005)

794 N.Y.S.2d 922

JULIUS SMITH, JR., Appellant, et al., Plaintiff, v. RUSSEL HOUDE et al., Defendants, and LESLIE BROWN, Respondent.

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

May 23, 2005.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 4404 (a), inter alia, a "court may set aside a verdict or any judgment entered thereon and direct that judgment be entered in favor of a party entitled to judgment as a matter of law or it may order a new trial of a cause of action or separable issue where the verdict is contrary to the weight of the evidence." A jury verdict should not be set aside, and a new trial ordered...

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