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SCHUSTER v. SOUROUR

2018-14616, 2019-01747. Index No. 601104/10.

207 A.D.3d 491 (2022)

171 N.Y.S.3d 551

2022 NY Slip Op 04317

Frank Schuster, Respondent, v. Magdi S. Sourour, Appellant, et al., Defendants.

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

Decided July 6, 2022.

Attorney(s) appearing for the Case

Bartlett LLP (Martin Clearwater and Bell LLP, New York, NY [ Barbara D. Goldberg ], of counsel), for appellant.

Silberstein, Awad & Miklos, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for respondent.

Barros, J.P., Connolly, Christopher and Genovesi, JJ., concur.

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

Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, that branch of the motion of the defendant Magdi S. Sourour which was pursuant to CPLR 4404(a) to set aside the jury verdict against him in the interest of justice and for a new trial is granted, the order is modified accordingly, and the matter is remitted to the Supreme Court, Nassau County, for...

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