Conrad v Alicea

Conrad v Alicea 2014 NY Slip Op 03617 Decided on May 20, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 20, 2014
Gonzalez, P.J., Friedman, Moskowitz, Freedman, Kapnick, JJ.
12520 300270/10

[*1] Laquana Conrad, Plaintiff-Appellant,

v

Apolonia Alicea, et al., Defendants-Respondents.

Weiss & Rosenbloom, P.C., New York (Erik L. Gray of counsel), for appellant.

Montfort, Healy, McGuire & Salley, Garden City (Michael R. Adams of counsel), for Alicea respondents.

Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Five J's Automotive Ltd and Kevin S. Kiernan, respondents.

Appeal from order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 9, 2013, which, following a summary jury trial, denied plaintiff's motion to set aside the jury's verdict on the issue of damages and remand the action for a new trial, unanimously dismissed, without costs.

Plaintiff's motion seeking to set aside the jury verdict on the issue of damages as "inconsistent and in the interest of justice," pursuant to CPLR 4404(a), in substance seeks to set aside the verdict as inadequate and/or against the weight of the evidence (see Hernandez v Columbus Ctr., LLC, 50 AD3d 597 [1st Dept 2008]), and is thus precluded by the summary jury trial rules stipulated to by the parties. In consenting to the rules of this alternative dispute resolution forum, plaintiff specifically agreed to waive motions to set aside the verdict or judgment rendered by the jury, and waived any appeals, in order to quickly resolve the instant dispute. We therefore dismiss the appeal.

We have reviewed plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 20, 2014

CLERK