Tuthill v. deVries
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The trial-court did not conform to the proper practice, indicated by this court on several occasions, which requires that a trial court, when setting aside a verdict of a jury, should indicate the grounds which moved the exercise of discretion in this regard so that there may be an intelligible review of the action of the court if one is sought. The conduct of the defendant’s trial counsel and its possible prejudicial effect on the result attained warranted the setting aside of the verdict in the interests of justice. (Cherry Creek Nat. Bank v. Fidelity & Casualty Co., 207 App. Div. 787, 790;…
2Cases cited3 opinions
- Cherry Creek National Bank v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Passzehl v. Metropolitan Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- F. E. Summers Coal & Lumber Co. v. BagshawAppellate Division of the Supreme Court of the State of New York · 1933
3Cited by2 opinions
- Weinstein v. ProstkoffNew York Supreme Court · 1959
- Gutin v. Frank Mascali & SonsNew York Supreme Court · 1960