District Court, S.D. New York February 4, 2004, 01 Civ. 5383(CM) (Fioto v. Manhattan Woods Golf Enterprises, LLC)

DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR A NEW TRIAL AS A MATTER OF DISCRETION, BUT CONDITIONALLY GRANTING PLAINTIFF’S MOTION FOR A NEW TRIAL PENDING THE OUTCOME OF APPELLATE REVIEW

McMAHON, District Judge.

On April 4, 2003, following a three-day trial, a jury returned a verdict in favor of plaintiff on two claims against defendants.