Appellate Division of the Supreme Court of the State of New York October 23, 2003 (McDermott v. City of Albany)

Carpinello, J.

Appeals (1) from a judgment of the Supreme Court (Benza, J.), entered March 14, 2002 in Albany County, upon a verdict rendered in favor of plaintiff, and (2) from an amended order of said court, entered March 14, 2002 in Albany County, which, inter alia, denied plaintiff’s motion to set aside the verdict as to damages.

*1005In 1984, plaintiff purchased a 5.