Shafer v. Iemma

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Owen, J.), entered December 17, 1990 in Orange County, which, inter alia, denied plaintiffs motion pursuant to CPLR 4404 for a new trial.

Based upon the evidence presented at a nonjury trial, Supreme Court found that plaintiff had failed to sustain his claim of an easement over defendants’ property and, on defendants’ counterclaim, plaintiff was enjoined from entering on the property in dispute. After obtaining new counsel, plaintiff moved for a new trial, claiming that…