International Systems v. Delcrete Corp.

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The exercise of discretion and the interest of justice require that the verdicts on the first and second causes of action be set aside and a new trial granted thereon (CPLR 4404, subd [a]; see Titlebaum v Loblaws, Inc., 75 AD2d 985). We interpret the order as applying to Delcrete as well as to the moving party, Del Monte, since to permit plaintiffs’ unfavorable verdicts against Delcrete to stand while setting aside its favorable verdicts against Del Monte would, under the…