Higbie Construction, Ltd. v. IPI Industries, Inc.

In an action to recover a debt due and owing for work, labor, materials and services rendered, the plaintiff appeals from an order of the Supreme Court, *559Suffolk County (Saladino, J.), dated April 20, 1988, which granted that branch of the defendants’ motion pursuant to CPLR 4404 which was to set aside the jury verdict in favor of the plaintiff as against the weight of the evidence, and ordered a new trial.

Ordered that the order is reversed, on the law and the facts and as a matter of discretion, without costs or disbursements, that branch of the defendants’ motion which was to set aside the…