Eichler v. McElligott

Pécora, J.

This is a motion by respondent to set aside the jury’s verdict in favor of petitioner, on all the grounds specified in section 549 of the Civil Practice Act, except that of inadequacy. Certain other motions were made during the trial to dismiss the petition on the ground (a) of laches; (b) that this proceeding is barred by the statutory limitation of four months prescribed by section 1286 of the Civil Practice Act; and (c) that under the authority of Matter of Phillips v. McElligott (254 App. Div. 863) the petition did not allege a grievance entitling the petitioner to the relief…