RODRIGUEZ v. CITY OF NEW YORK

2008-01069

67 A.D.3d 884 (2009)

889 N.Y.S.2d 220

2009 NY Slip Op 08600

RAFAEL RODRIGUEZ et al., Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants and Third-Party Plaintiffs. TRIAD CORPORATION, Third-Party Defendant-Respondent.

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

Decided November 17, 2009.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with one bill of costs, those branches of the plaintiffs' motion which were pursuant to CPLR 4404 (a) to set aside the jury verdict on the issue of damages in the interest of justice and for a new trial on that issue are granted, that branch of the motion which was pursuant to CPLR 4404 (a) to set aside the jury verdict as inadequate is denied as academic, and the matter is remitted...

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