Sipal Realty Corp. v. William

The Court of Appeals did not, either in its opinion or in its order in directing a new trial, limit the issues to be tried, albeit the reasons assigned in the court’s opinion for directing a new trial Were limited in scope (8 N Y 2d 319). In the absence of an express direction for a limited trial, the granting of a new trial should be construed to *457require a new trial generally. Any other view, for which there is, eoneededly, no precedent, would entail recurrent uncertainty in procedure and require the litigants and the trial courts to engage in collateral interpretation or construction of an…