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RODRIGUEZ v. BARANEK

1348, 110422/10.

140 A.D.3d 407 (2016)

30 N.Y.S.3d 877

2016 NY Slip Op 04303

ROBERTO RODRIGUEZ, Appellant, v. JESSICA L. BARANEK et al., Respondents. (And Another Action.)

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

Decided June 2, 2016.

Plaintiff's posttrial motion, although framed as a motion for a mistrial based on an inconsistent verdict, in essence sought to set aside the jury's verdict as against the weight of the evidence, and is therefore prohibited by the summary jury trial rules, which the parties agreed to follow. Moreover, those rules prohibit appeals, and therefore plaintiff's appeal should be dismissed (Conrad v Alicea, 117 A.D.3d 560 [1st Dept 2014...

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