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Pinkus v. Esch

258 A.D.2d 366 Court N.Y. App. Div. Decision date 1999-01-05 English

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p. 366
Arthur Pinkus, Respondent, v Donald D. Esch et al., Appellants.
[682 NYS2d 576]

—Order, Supreme Court, New York County (Carol Huff, J.), entered October 10, 1997, which granted plaintiff’s motion to set aside the jury verdict in plaintiffs favor in the amount of $9,000 and directed a new trial, unanimously affirmed, without costs.

The trial court’s determination to set aside the verdict and to order a new trial constituted a proper and, indeed, prudent exercise of its discretionary authority pursuant to CPLR 4404, especially in light of the clear inadequacy of the verdict where the jury found a 35-year permanent disability. We have considered the parties’ remaining arguments for affirmative relief and find them to be unavailing. Concur — Ellerin, J. P., Nardelli, Wallach and Rubin, JJ.