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P1309 The trial court's conclusion that evidence at a trial did not justify the damages award and its order that a new trial take place unless plaintiff agrees to accept a specified lesser amount was not a judgment notwithstanding the verdict and should not be reversed unless it was an abuse of the trial court's discretion.CitationDELL'OCA v BANK OF NY TRUST (Conditional New Trial) 159 CA4 531 [See: CCP 662.5; Horsford v Board of Trustees 132 CA4 359, T/AT 10/05; Fountain Valley v Dep't of Vets Affairs 67 CA4 743; Shapiro v Prudential 52 CA4 722, T/AT 3/97]
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