RENDER v. GIZZO

628 CA 14-01828

129 A.D.3d 1488 (2015)

11 N.Y.S.3d 387

2015 NY Slip Op 04983

JAMES P. RENDER, Respondent-Appellant, v. FRANK J. GIZZO, JR., Appellant-Respondent.

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

Decided June 12, 2015.


Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 26, 2014. The order denied those parts of the motion of plaintiff seeking an additur, judgment notwithstanding the verdict and to set aside the verdict as against the weight of the evidence, granted that part of the motion seeking to set aside the verdict as inconsistent and ordered a new trial on proximate cause, serious injury and damages.

It is hereby ordered...

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