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BREWER v. ROSS

2017-11352, 2017-11353. Index No. 8616/11.

188 A.D.3d 780 (2020)

134 N.Y.S.3d 413

2020 NY Slip Op 06483

William Brewer, Appellant, v. Serina L. Ross et al., Respondents, et al., Defendants.

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

Decided November 12, 2020.

Ordered that the judgment is reversed, on the law and the facts, the complaint is reinstated insofar as asserted against the defendants Serina L. Ross and Milton E. Nielson, Jr., and the matter is remitted to Supreme Court, Suffolk County, for a new trial; and it is further,

Ordered that the order is reversed, on the facts, and the plaintiff's motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability on the common-law negligence cause...

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