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CUBETA v. YORK INTERNATIONAL CORPORATION

60 A.D.3d 612 (2009)

875 N.Y.S.2d 507

LAURENCE V. CUBETA et al., Appellants, v. YORK INTERNATIONAL CORPORATION et al., Respondents.

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

Decided March 3, 2009.

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

Ordered that the judgment is reversed, on the law and the facts, those branches of the plaintiffs' motion pursuant to CPLR 4404 (a) which were to set aside the jury verdict as against the weight of the evidence and for a new trial on the issue of liability are granted, the complaint is reinstated, the matter is remitted to the Supreme Court, Suffolk County, for a new trial on the issue of liability...

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