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FARRUGIA v. 1440 BROADWAY ASSOC.

Index No. 151857/12, 590634/13. Appeal No. 112436. Case No. 2020-01804.

188 A.D.3d 563 (2020)

132 N.Y.S.3d 640

2020 NY Slip Op 06851

Anthony Farrugia, Appellant, v. 1440 Broadway Associates et al., Respondents. (And a Third-Party Action.)

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

Decided November 19, 2020.

The trial court correctly denied plaintiff's motion to set aside the verdict as inconsistent, because plaintiff failed to make the motion or raise the issue before the jury was discharged (see Barry v Manglass, 55 N.Y.2d 803, 806 [1981]; Arrieta v Shams Waterproofing, Inc., 76 A.D.3d 495, 496 [1st Dept 2010]). In any event, we do not find the...

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