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VITALE v. ASTORIA ENERGY II, LLC

2018-08637, 2019-00840.

180 A.D.3d 1104 (2020)

121 N.Y.S.3d 126

2020 NY Slip Op 01381

Daniel Vitale et al., Appellants, v. Astoria Energy II, LLC, et al., Respondents.

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

Decided February 26, 2020.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the plaintiffs' motion pursuant to CPLR 4404 to set aside the directed verdict in favor of the defendants on the issue of liability and for a new trial is granted, the complaint is reinstated, the order is modified accordingly, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of liability; and it is...

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