Fitzpatrick & Weller, Inc. v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 16, 2004. The order denied plaintiffs motion to set aside the jury verdict.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order denying plaintiff’s motion to set aside the jury verdict awarding Stephen Miller, doing business as Miller’s Saw Mill (defendant), damages on his counterclaim, plaintiff contends that Supreme Court admitted *1375evidence at trial in contravention of a prior decision of…
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