Epstein v. Schwartz & Co.

This is an appeal from an order of the Municipal Court setting aside the verdict of a jury rendered in favor of the plaintiff. The only point urged by the appellant as a ground for reversal that merits any attention is, that the order fails to set a day for the trial of the action. Such an omission has been held to render the order unauthorized. Murphy v. Joline, 62 Misc. Rep. 461, 63 id. 256. The right of the Appellate Term to order a new trial in such a case was evidently not brought up or considered in those cases. The policy of disregarding technicalities in matters of practice has…