constructive eviction. Plaintiff alleged that it had suffered approximately $45,000 in
damages: $13,000 for the security deposit, and approximately $32,000 for moving
expenses, higher rent paid to lease replacement accommodations, and so on. Defendant
counterclaimed for breach of the lease, alleging $15,500 in damages in unpaid rent and
reletting costs (plus attorney fees).
The action was tried to a jury in November 2024. The jury ruled for defendant on
liability as to plaintiff's claims. (See NYSCEF No. 59 at Tr. 2-3 [transcript of jury
verdict].) On defendant's counterclaim, the jury found that plaintiff had breached the
lease; the jury awarded defendant $4,800 damages for reduced rental income due to the
breach, and declined to award the other increments of damages sought by defendant.
(See id. at 3-4.)
Plaintiff now moves under CPLR 4404 to set aside the verdict. (See
NYSCEF No. 54.) Defendant cross-moves to appoint a referee to hear and determine
the amount of attorney fees that defendant should (assertedly) be awarded as the
prevailing party. (See NYSCEF No. 62.) Plaintiff's motion is granted; defendant's
cross-motion is denied.[FN1]
DISCUSSION
I.
Plaintiff's CPLR 4404 Motion
CPLR 4404 (a) provides that "[a]fter a trial of a
cause of action or issue triable of right by a jury," a court may on motion "set aside a
verdict or any judgment entered thereon" and direct entry of judgment in favor of a party
as a matter of law. To do so, the court must first have concluded that "there is simply no
valid line of reasoning and permissible inferences which could possibly lead rational
[people] to the conclusion reached by the jury on the basis of the evidence presented at
trial," such that it would be "utterly irrational for a jury to reach the result it has