Allen v. Uh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff contends that the trial court erred in denying her motion pursuant to CPLR 4404 (a) to set aside the verdict and for a new trial in the interest of justice based on several errors committed by the trial court.
A motion pursuant to CPLR 4404 (a) to set aside a verdict and for a new trial in the interest of justice encompasses errors in the trial court’s rulings on the admissibility of evidence, mistakes in the charge, misconduct, newly discovered evidence, and surprise (see Matter of De Lano, 34 AD2d 1031, 1032 [1970], affd 28 NY2d 587 [1971]; see also Rodriguez v City of New…
2Cases cited16 opinions
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Jump v. FacelleAppellate Division of the Supreme Court of the State of New York · 2000
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Gomez v. Park Donuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Shi Pei Fang v. Heng Sang Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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- Schuster v. SourourAppellate Division of the Supreme Court of the State of New York · 2022
- Duman v. ScharfAppellate Division of the Supreme Court of the State of New York · 2020
- Russo v. LevatAppellate Division of the Supreme Court of the State of New York · 2016
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