EVER WIN, INC. v. 1-10 INDUSTRY ASSOCIATES, LLC

2009-06481.

74 A.D.3d 735 (2010)

905 N.Y.S.2d 196

EVER WIN, INC., Appellant, v. 1-10 INDUSTRY ASSOCIATES, LLC, Respondent. (Action No. 1.) ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff, v. EVER WIN, INC., Appellant, and 1-10 INDUSTRY ASSOCIATES, LLC, Respondent. (Action No. 2.)

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

Decided June 1, 2010.


Ordered that the judgment is reversed, on the law, with costs, the order dated March 20, 2009, is vacated, the motion of 1-10 Industry Associates, LLC, pursuant to CPLR 4404(a) to set aside the jury verdict and for judgment as a matter of law dismissing the complaint in action No. 1 is denied, the jury verdict on the issue of liability is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issue of damages.

The appellant leased...

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