Ordered that the appeal by the defendant Billy Smith's Sport Center, Inc., is dismissed, as it is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,
Ordered that the judgment is affirmed on the appeal by Mark Zion and insofar as cross-appealed from, without costs or disbursements.
"`Before granting a motion pursuant to CPLR 4404 (a) to set aside a verdict and for judgment as a matter of law, the trial court must conclude...
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