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CASTELLANO v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 822 (2007)

832 N.Y.S.2d 635

FRANK CASTELLANO, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant-Respondent.

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

Decided March 27, 2007.

Ordered that the order is reversed insofar as appealed from, that branch of the defendant's motion pursuant to CPLR 4404 (a) which was for judgment as a matter of law and to dismiss the complaint is granted, and that branch of the defendant's motion pursuant to CPLR 4404 (a) which was to set aside the verdict as against the weight of the evidence and for a new trial is denied as academic; and it is further,

Ordered that the cross appeal is dismissed as academic in...

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