Moreno v. Franchise Realty Interstate Corp.

—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered May 23, 1995, after a jury trial, awarding plaintiff the principal sum of $39,100, and bringing up for review an order of the same court and Justice, entered on or about April 27, 1995, which denied plaintiff’s motion to set aside the jury verdict on, inter alia, the issue of damages, unanimously affirmed, without costs. The appeal from the order is unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

Plaintiff’s contention that the jury verdict as to lost earnings was against the weight…