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FIOTO v. MANHATTAN WOODS GOLF ENTERPRISES, LLC

No. 01 Civ. 5383(CM).

304 F.Supp.2d 541 (2004)

Anthony FIOTO, Jr., Plaintiff, v. MANHATTAN WOODS GOLF ENTERPRISES, LLC, Manhattan Woods Golf Club, LLC and Kang Lee a/k/a Ken Lee, Defendants.

United States District Court, S.D. New York.

February 4, 2004.

Attorney(s) appearing for the Case

Todd D. Muhlstock, Mergel, Tubman & Grossman, New York City, for Plaintiff.

Chris P. Termini, McCabe, Collins, McGeough & Fowler, L.L.P., Mineola, NY, for Defendants.

DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR A NEW TRIAL AS A MATTER OF DISCRETION, BUT CONDITIONALLY GRANTING PLAINTIFF'S MOTION FOR A NEW TRIAL PENDING THE OUTCOME OF APPELLATE REVIEW

McMAHON, District Judge.

On April 4, 2003, following a three-day trial, a jury returned a verdict in favor of plaintiff on two claims against defendants. Count I alleged that defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2612(a)(1)(C)...

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