MONTESIONE v. NEWELL RUBBERMAID, INC.

2018-10031. Index No. 71324/14.

192 A.D.3d 680 (2021)

139 N.Y.S.3d 848

2021 NY Slip Op 01253

Michelle Montesione et al., Appellants, v. Newell Rubbermaid, Inc., Respondent.

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

Decided March 3, 2021.


Attorney(s) appearing for the Case

Paul A. Hayt , New York, NY ( Kareem R. Vessup of counsel), for appellants.

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Kevin J. Murtagh of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Brathwaite Nelson, JJ., concur.


Ordered that the judgment is reversed, on the law, the facts, and in the exercise of discretion, with costs, the plaintiffs' motion pursuant to CPLR 4404(a) to set aside the jury verdict as contrary to the weight of the evidence and for a new trial is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of liability.

The plaintiff Michelle Montesione (hereinafter the injured plaintiff...

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