Appellate Division of the Supreme Court of the State of New York July 8, 2004 (Torricelli v. Pisacano)

Judgment, Supreme Court, Bronx County (Paul Victor, J.), *292entered September 11, 2003, which, following a jury trial, granted defendants’ motion to set aside the verdict in favor of plaintiff, denied defendants’ motion for judgment in their favor and ordered a new trial as to both liability and damages, unanimously modified, on the law, the facts and in the exercise of discretion, so as to deny