Rayne v. O'Connor
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the City Court of the city of New York, entered by the trial justice herein, setting aside a verdict and granting a new trial, after reargument of a motion made upon the minutes at the close of the trial.
1Opinion of the CourtDelany, J.
This was an action for damages for negligence in which the plaintiff was awarded a verdict. On the rendition of the verdict the defendant made the customary motion to set the verdict aside and for a new trial, under section 999 of the Code of Civil Procedure. This motion was thereupon denied and an order to that effect was made and judgment entered. Subsequently, and after the term at which the motion was made had passed, the defendant obtained an order returnable before the same trial justice — then sitting ■in another part of the court, but not in Special Term — to show cause why: “ The…
2Cases cited2 opinions
- Ellis v. HearnAppellate Division of the Supreme Court of the State of New York · 1909
- Bridenbecker v. BridenbeckerAppellate Division of the Supreme Court of the State of New York · 1902