Lizden Industries, Inc. v. Franco Belli Plumbing & Heating & Sons, Inc.

Order, Supreme Court, New York County (Debra James, J.), entered August 30, 2011, which denied defendants’ motion to vacate the jury verdict as to negligence and apportionment, or to order a new trial on damages, and granted plaintiffs motion for an award of rent abatement and for prejudgment interest on the jury award for property damage, unanimously modified, on the law, to vacate the verdict as to apportionment and order a new trial thereon, unless, within 30 days of service of a copy of this order with notice of entry, plaintiff stipulates to apportion liability 10% to defendant Okanaga…