McDowell v. Di Pronio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: After a jury verdict of no cause of action in favor of both defendants, the trial court, upon plaintiff’s motion, set it aside as against the weight of the evidence and ordered a new trial (CPLR 4404, subd [a]). In this appeal defendants contend that the verdict was not against the weight of the *750evidence in that the plaintiff failed to prove negligence on the part of either defendant and failed to prove that his injuries were causally related to the accident. It is well settled that a motion under CPLR 4404 (subd [a]) should not be…
2Cases cited7 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Mann v. HuntAppellate Division of the Supreme Court of the State of New York · 1953
- Olsen v. Chase Manhattan BankNew York Court of Appeals · 1961
- Olsen v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1960
- Kimberly-Clark Corp. v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1970
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3Cited by23 opinions
- Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Lincoln v. AusticAppellate Division of the Supreme Court of the State of New York · 1978
- Ellis v. HoelzelAppellate Division of the Supreme Court of the State of New York · 1977
- Boyle v. GretchAppellate Division of the Supreme Court of the State of New York · 1977
- Annunziata v. ColasantiAppellate Division of the Supreme Court of the State of New York · 1987
18 more not listed; retrieve them via the Exa API.