Burns v. Hasbrouck

Proskauer, J.:

At the conclusion of the trial plaintiff moved before the trial justice under section 549 of the Civil Practice Act to set aside the verdict and for a new trial; the motion was denied. Thereafter *283and after the time to appeal had expired plaintiff gave notice of motion under section 552 returnable at Special Term asking that the verdict be set aside and for a new trial upon allegations of error committed on the trial and purporting to be made upon a case not yet settled. By the explicit provisions of section 552 this motion must be heard before the justice who presided at the…