Consolidated Laundries Corp. v. Roth

The chief question presented' is whether the justice presiding at a jury trial of framed issues in an action triable by the court, where such jury trial is not a matter of right, but one resting in the discretion of the court, has power to entertain a motion upon his minutes to set aside the jury’s verdict. Contingently involved is the question of the right to appeal from the order. It is conceded by the appellant that if power is vested in the justice presiding at the jury trial, an appeal does not lie. (Civ. Prac. Act, § 609, subd. 2.)

Prior to the enactment of the Civil Practice Act, the…