Hoffberg v. Fawcett Publications, Inc.

Upon the trial of this case I dismissed plaintiff’s second cause of action at the close of plaintiff’s evidence and submitted to the jury the questions of fact arising under the first cause of action. The jury disagreed.

Defendant now moves to sever the second cause of action, apparently as a step toward entering a judgment dismissing the second cause of action and thus limiting the retrial to the first cause of action.

It would seem to me that if such an order were made, a judgment dismissing the second cause of action could be entered and plaintiff could appeal therefrom and a determination…