Badio v. Liberty Mutual Fire Insurance

*171Order, Supreme Court, New York County (Norman Ryp, J.), entered February 27, 2003, which denied defendant Liberty Mutual’s motion for a directed verdict dismissing the complaint and so much of plaintiffs motion for a directed verdict dismissing Liberty Mutual’s fourth affirmative defense, but granted plaintiffs motion to the extent of vacating the jury verdict in Liberty Mutual’s favor and remanding for a new trial, unanimously affirmed, without costs.

We affirm the court’s order directing a new trial, but for different reasons. By improperly ruling that Liberty Mutual did not present evidence…