Legal Opinion

McGlyn v. Johnson

New York Supreme Court

Decided March 9, 1959Published

1Opinion of the CourtBenjamin Brenner, J.

The communication addressed to the court on March 5, 1959 by the attorney for the defendant Seaman is deemed a motion to reargue. The said defendant calls attention to an erroneous quote by the court of the wording of a motion made by him to set the verdict aside. He insists that the motion to set aside was not directed to “ the weight of the evidence ” and that it was urged as incidental merely to the *1029motions made prior to the verdict for a dismissal of the complaint and for a directed verdict.

The court may have misconceived the nature of the motion. Whether there be any need to move to set…

2Cases cited5 opinions

  1. Goldstein v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1925
  2. Keremelis v. Albany Pearl Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
  3. Anderson v. CarterAppellate Division of the Supreme Court of the State of New York · 1897
  4. McGlyn v. JohnsonNew York Supreme Court · 1959
  5. Anderson v. . CarterNew York Court of Appeals · 1900

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