Palmer v. Walters
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 plaintiff appeals, by permission, from an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 1, 2005, which, upon the defendant’s motion pursuant to CPLR 4404, in effect, inter aha, to set aside a jury verdict on the issue of liability in her favor and for judgment as a matter of law, declared a mistrial and directed a new trial on the issue of liability.
Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, and the jury verdict on the issue of liability is…
2Cases cited12 opinions
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
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- DePasquale v. Morbark Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Mateo v. 83 Post Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
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