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MULLER v. BOYD

50 A.D.3d 867 (2008)

855 N.Y.S.2d 651

CHRISTINE MULLER, Appellant, v. GREGORY J. BOYD, Respondent.

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

Decided April 15, 2008.

Ordered that on the Court's own motion, the notice of appeal from the order dated November 20, 2006 is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, that branch of the plaintiff'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 granted,...

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