Margiotta v. Rock & Roll Livery, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Burke, J.), entered November 13, 2001, which granted the plaintiffs oral application pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendants as against the weight of the credible evidence, and granted a new trial.
Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on…
2Cases cited6 opinions
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Grassi v. UlrichNew York Court of Appeals · 1996
- Lee v. City Brewing CorporationNew York Court of Appeals · 1939
- Bobek v. CrystalAppellate Division of the Supreme Court of the State of New York · 2002
- Asaro v. MicaliAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Cedeno v. McNultyAppellate Division of the Supreme Court of the State of New York · 2007
- Avendano v. StavrakosAppellate Division of the Supreme Court of the State of New York · 2006
- Moses v. Appliance & Electronics City Corp.Appellate Division of the Supreme Court of the State of New York · 2003