57 Misc. 623 | N.Y. Sup. Ct. | 1908
Upon the 13th day of February, 1907, the plaintiff in this action recovered a judgment against the defendant, entered upon the verdict of a jury. Hpon the rendition of the verdict, the defendant’s counsel made a motion to set aside the verdict and for a new trial, substantially upon all the grounds set forth in section 254 of the Municipal Court Act. The court entertained the motion, gave counsel until February nineteenth in which to submit briefs and subsequently made an order setting aside the verdict and the judgment and granted a new trial, upon the ground that evidence had been erroneously excluded upon the trial. This order is not dated; but, as appears from a subsequent order to which reference is hereafter made, the order setting aside the verdict was made March 21, 1907. Subsequently the plaintiff’s attorney, by a notice of motion, undated, but returnable on April 9, 1907, made a motion for leave “ to reargue the motion made by
Seabury and Gerard, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.