Wierzbieniec v. Przewlocki

Plaintiff moves under CPLR 4404 to set aside 1 ‘ the judgment and the verdicts of the jury rendered in this case after trial thereof, culminating on May 4, 1967 ”.

The notice of motion is dated June 20, 1967, returnable June 30, 1967, at 2:00 p.m.

*84The trial with a jury was held on May 1, 2, 3 and 4, 1967.

CPLR 4405 entitled, “ Time and judge before whom post-trial motion made, ” provides: “ A motion under this article shall be made before the judge who presided at the trial within fifteen days after decision, verdict or discharge of the jury. ” CPLR 4406 entitled, “Single post-trial motion,”…