Opinion
December 26, 1991
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed with costs to plaintiff and new trial granted on the issue of damages, in accordance with the following Memorandum: Supreme Court properly granted plaintiff's motion to set aside the verdict for zero damages as against the weight of the evidence (see, CPLR 4404 [a]). Upon our review of the record, however, we conclude that the court's conditional assessment of damages in the amount of $750 is not reasonably grounded. Accordingly, we modify the order appealed from to provide that a new trial is granted on the issue of damages.