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DAVIS v. PEEK A BOO CAB CORP.

38 A.D.3d 708 (2007)

830 N.Y.S.2d 920

CYPRIAN C. DAVIS, Appellant, v. PEEK A BOO CAB CORP. et al., Respondents.

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

Decided March 20, 2007.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff's contentions, the Supreme Court had the authority to entertain the defendants' motion to set aside the verdict (see CPLR 4405). The defendants made an oral motion to set aside the verdict at the conclusion of the trial (see e.g. Brown v Long Is. R.R., 304 A.D.2d 601 [2003]) and submitted their written...

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