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GUERRA v. DITTA

2016-09503, 2017-06397. Index No. 502186/12.

185 A.D.3d 667 (2020)

127 N.Y.S.3d 148

2020 NY Slip Op 03771

Cecilia Guerra, Appellant, v. Paul A. Ditta, Respondent.

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

Decided July 8, 2020.

Ordered that the appeal from the order dated July 22, 2016, is dismissed as academic in light of our determination of the appeal from the order dated May 4, 2017; and it is further,

Ordered that the order dated May 4, 2017, is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages in the interest of justice and for a new trial on the issue of damages...

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