TOMAINO v. MAROTTA

498 CA 12-02137.

106 A.D.3d 1527 (2013)

964 N.Y.S.2d 449

2013 NY Slip Op 3249

SAMUEL TOMAINO, Appellant, v. THOMAS MAROTTA, JR., Respondent.

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

May 3, 2013.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that he sustained injuries as a result of exposure to lead paint in a house owned by defendant. Following trial, the jury concluded that defendant was negligent, but that his negligence was not a substantial factor in causing injury to plaintiff. Supreme Court properly denied plaintiff's motion to set aside the verdict as...

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