Borst v. Snyder

Upon the trial at Justice Court, a verdict was rendered by a jury in favor of the defendant on his counterclaim. The justice did not enter judgment, but entered an order setting aside the verdict. From this order plaintiff appealed to the County Court. The County Court, in its order of reversal, directed that judgment be entered for defendant.

The duty of a justice upon the return of a verdict of a jury in Justice Court is to enter judgment accordingly. (Justice Court Act, § 269.) There is no power in that court to set the verdict aside. (Prentice v. Heiman, 137 Misc. 832; cf. Stephens v.…