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AYALA v. LINDY'S DISPATCHING, INC.

54 A.D.3d 699 (2008)

864 N.Y.S.2d 453

EDISON AYALA, Respondent, v. LINDY'S DISPATCHING, INC., et al., Appellants.

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

September 9, 2008.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the appeal from the judgment brings up for review both the denial of the defendants' motion pursuant to CPLR 4401 and the subsequent order entered May 16, 2007, denying that branch of the defendants' motion pursuant to CPLR 4404(a) which was to set aside the verdict and for judgment as a matter of law (see CPLR 5501[a][1]).

After the trial on damages, the jury...

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