Jones v. Marmac Construction Co.

The defendant’s motion to vacate the verdict in favor of the plaintiff upon the grounds stated in section 999 of the Code of Civil Procedure and the motion having been, granted, the court directed that the order should be settled upon notice. The order having been presented for settlement, plaintiff contends that said motion -should be granted only on payment of taxable costs to him, and relies upon the case of Cohen v. Krulewitch, 77 App. Div. 126; 78 N. Y. Supp. 1044, to sustain his contention. It was there held that “ where a motion is made to set aside a verdict upon the ground that the…