`Court held in and for the County
`of Erie at
`the Erie County
`Courthouse,
`located at 25
`Delaware Avenue, Buffalo, New
`York on the 1st day of June, 2017.
`
`ORDER
`
`Index No. 805198/2014
`
`Present : Hon. Mark J. Grisanti, J.S.C.
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ERIE
`________________________________________
`
`DAVID JANICKI,
`
`Plaintiff,
`
`v.
`
`PREFERRED MUTUAL INSURANCE COMPANY
`
`Defendant.
`__________________________________________
`
`Defendant, Preferred Mutual Insurance Company, having brought a motion pursuant to CPLR
`
`4404 setting aside the jury’s verdict or alternately offsetting the jury’s verdict as to past lost business
`
`income or, an alternative order granting such other and further relief as this Court deems just and
`
`proper; and
`
`Plaintiff, David Janicki, by his attorney, Roland Cercone, Esq., having not opposed the said
`
`motion;
`
`NOW, upon reading plaintiffs’ motion for an Order setting aside the jury’s verdict or
`
`alternatively offsetting the jury’s verdict as to past lost business income or, an alternative order
`
`granting such other and further relief as this Court deems just and proper, dated March 21, 2017,
`
`together with exhibits attached thereto; and
`
`
`
`Upon the motion having come to be heard on June 1, 2017, with no appearance by Plaintiff’s
`
`counsel and Ryan J. Mills, Esq. appearing on behalf of defendant, it is hereby
`
`ORDERED, that the jury’s verdict of $25,000.00 for loss of business profit be set aside.
`
`Accordingly, the jury’s total award is now $200,000.00, which minus the underlying offset of
`
`$100,000.00, results in a net award to Plaintiff of $100,000.00
`
`_______________________________
`Hon. Mark J. Grisanti, J.S.C.
`
`Enter:
`
`
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