`NYSCEF DOC. NO. 469
`
`INDEX NO. 003655/2012
`
`RECEIVED NYSCEF: 10/05/2018
`
`E.FILE et a /AS r",nt.rrr, #6 o, rhc supreme
`(irurr rrt rlrt.\urr ol\t.rr )trrk. hckl i"-...-
`i?*'il,lll:1, Jil:i}(;:tl:ft ,lF
`:."YYr ?f .'.'119:i __.___x
`
`SL]PREN4E COURT OF THD STATE OF NEW YORK
`
`.IOIIN R. RIC]ONDA
`
`\,S.
`
`Plaintiff.
`
`LIBI]RTY INSURANCE UNDERWRITERS. INC
`
`Defendant
`
`x
`
`Index No.: 00365512012
`
`Honorable Jerry Garguilo
`
`ORDER
`
`WHEREAS, Plaintiff Joh-n R. Riconda ("Plaintifl') having commenced this civil action by
`
`summons and his original complaint on February 2,2012, and Defendant Liberty Insurance
`
`Underwriters, Inc. ("Defendant" or "Liberty") having answered the original complaint on March
`
`8,2012;
`
`WHEREAS, this Court, on September 22,2017, having granted Plaintiff leave to file an
`
`Amended Complaint (the "Complaint"), and Defendant having answered the Complaint on
`
`Qctober 20, 201 7;
`?
`
`WHEREAS, on March 23, 26-30 and April 4, 2018 trial by jury having been held in this
`
`action;
`
`WHEREAS, on April 4,2018, the jury having retumed a verdict in favor of Plaintiff
`
`pursuant to interrogatories placed to the jurors and having awarded Plaintiff $2,282,000; and
`
`whereas the Court having provided that motions addressed to the verdict be filed within thirty (30)
`
`days;
`
`WHEREAS, on May 4, 2018, Defendant having, pursuant to CPLR 4404(a), moved
`
`(Motion Sequence No. l5) by Notice of Motion To Set Aside The Verdict And Direct Judgment
`
`As A Matter of Law To Liberty Or For A New Trial Or, Alternatively, To Reduce The Jury Verdict
`I
`
`# 1702678v I
`
`1 of 3
`
`
`
`FILED: SUFFOLK COUNTY CLERK 10/05/2018 10:02 AM
`NYSCEF DOC. NO. 469
`
`INDEX NO. 003655/2012
`
`RECEIVED NYSCEF: 10/05/2018
`
`("the motion"); and having filed the Affirmation of Peter A. Stroili in support of the motion,
`
`inclusive of Exhibits I through 7 and A through BB; and a Memorandum of Law in support ofthe
`
`motion (NYSCEF Nos. 406-443);
`
`WHEREAS, on May 23, 2018, Plaintiff having filed his Mernorandum of Law in
`
`opposition to the motion (NYSCEF No. 446);
`
`WHEREAS, on June 5, 2018, Defendant having filed the Reply Alfirmation of Peter A.
`
`Stroili, inclusive of Exhibits A through G; and Reply Memorandum of Law in further support of
`
`the motion (NYSCEF Nos. 447-455);
`
`WHEREAS, on June 20,2018, the parties having appeared before the Court for oral
`
`argument on the motion;
`
`WHEREAS, on September 7,2018, this Court (Honorable Jerry Garguilo, Justice of the
`
`Supreme Court, Suffolk County) having issued its Decision and Order ("the Decision," annexed
`
`as Exhibit A) on the motion (Motion Sequence No. l5), finding that the "verdict of the jury must
`
`be set aside as a matter of law," and that "the doctrine ofjudicial estoppel compels the Court to
`
`GRANT Defendant's application in all respects" (Ex. A, NYSCEF No. 460);
`
`NOW, therefore, based upon the Decision, and on the motion of Defendant, it is hereby
`
`ORDERED that the verdict of the jury rendered on April 4, 2018 in this action is set aside;
`
`and it is further
`
`ORDERED that Defendant's motion for judgment as a matter of law, pursuant to CPLR
`
`4404(a), in its favor is hereby GRANTED in its entirety, with costs and disbursements to
`
`Defendant; and it is further
`
`ORDERED that the Complaint in this action is dismissed in its entirety with prejudice;
`
`# I702678v I
`
`2
`
`2 of 3
`
`
`
`FILED: SUFFOLK COUNTY CLERK 10/05/2018 10:02 AM
`NYSCEF DOC. NO. 469
`
`INDEX NO. 003655/2012
`
`RECEIVED NYSCEF: 10/05/2018
`
`The Clerk of the Court shall enter judgment dismissing the Complaint with prejudice in
`
`this action accordingly in the form set forth as Exhibit B.
`
`Dated:
`
`0rJ,q, a"8
`
`-'t
`
`SO ORDERED
`
`GRANTED
`OCT 0/t 20€
`JrrdffiA. P..oelg
`GBror surrolKoou]w
`
`J
`
`GARGTMO
`
`c 1702678\ I
`
`3
`
`3 of 3
`
`