In a rare reversal and vacatur of a jury verdict based upon witness information derived post-trial, the Appellate Division, Second Department, in accordance with M&H’s arguments, reversed and granted Plaintiff’s CPLR 4404(a) motion, finding that Defendants had affirmatively represented to the jury that a key witness “was a disinterested, objective witness, notwithstanding that he was employed by the defendants at the time of trial.”

D’Amato v. WDF Development, LLC, et al.