Opinion
18365/01.
January 5, 2007.
The following papers numbered 1 to 14 read on this motion by defendant/third-party CLASSIC CONSTRUCTION for an order setting aside the jury verdict as to all liability of makings and granting a new trial.
PAPERS NUMBERED
Notice of Motion-Affirmation-Exhibits ................... 1-4 Affirmation in Partial Opposition-Exhibits .............. 5-7 Affirmation in Opposition ............................... 8-9 Affidavit in Opposition-Exhibits ........................ 10-12 Reply Affirmation ....................................... 13-14This motion is denied. This case was tried applying the law of the case as it existed at the time of trial. Any subsequent ruling by the Appellate Division modifying a decision preceding the trial has no effect upon the trial of the case. Furthermore, the verdict by the jury was proper.