SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 13, 2009
KENNETH L. GOTTSHALL AND DIANE A. GOTTSHALL, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered May 13, 2008 in a personal injury action.
PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.
(APPEAL NO. 2.)
MEMORANDUM AND ORDER
The order, inter alia, set aside the jury verdict on damages and ordered a new trial on the court's own initiative and in the interest of justice.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by dismissing the post-trial motion and by vacating those parts disqualifying defendants' attorney and his law firm and imposing costs upon defendants and as modified the order is affirmed without costs.
Same Memorandum as in Doody v Gottshall ([appeal No. 1] ___ AD3d ___ [Nov. 13, 2009]).
Patricia L. Morgan Clerk of the Court
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