Conolly v. Jolly

Appellate Terms of the Supreme Court of New York

Conolly v. Jolly

86 Misc. 42, 148 N.Y.S. 180

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1914

StatusPublished

Cited by1 cases

This text of 86 Misc. 42 (Conolly v. Jolly) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conolly v. Jolly, 86 Misc. 42, 148 N.Y.S. 180 (N.Y. Ct. App. 1914).

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Opinion

Bijur, J.

The verdict was set aside apparently as against the weight of evidence. While in this respect we would naturally hesitate to disturb the view of the trial judge, nevertheless, it must be said that the record does not disclose any salient reason for setting aside the conclusion arrived at by the jury.

The order must, however, be reversed for a different reason. The record shows that after the jury had rendered its verdict defendant made the usual motion to set it aside and the court said; “ I will not at this [43]*43time disturb the verdict. Motion denied for the present.” Subsequently, on affidavits, a new motion to the same effect was made by the plaintiff and the order appealed from was made upon that motion. I can find no authority for a second motion under section 254 of the Municipal Court Act after one motion to Set aside the verdict has been made and decided. On the contrary, the very plain intimation of the cases in which this point or analogous ones have been considered is to the contrary. See for example, Stodder v. New England N. Co., 134 App. Div. 221; Colwell v. New York, N. H. & H. R. R. Co., 57 Misc. Rep. 623; Steinman v. Blumenfeld, 61 id. 220.

Order reversed, verdict and judgment reinstated, with costs of the appeal to appellant.

Seabury and Page, JJ., concur.

Order reversed, verdict and judgment reinstated, with costs..

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Bijur, J.

The verdict was set aside apparently as against the weight of evidence. While in this respect we would naturally hesitate to disturb the view of the trial judge, nevertheless, it must be said that the record does not disclose any salient reason for setting aside the conclusion arrived at by the jury.

The order must, however, be reversed for a different reason. The record shows that after the jury had rendered its verdict defendant made the usual motion to set it aside and the court said; “ I will not at this [43]*43time disturb the verdict. Motion denied for the present.” Subsequently, on affidavits, a new motion to the same effect was made by the plaintiff and the order appealed from was made upon that motion. I can find no authority for a second motion under section 254 of the Municipal Court Act after one motion to Set aside the verdict has been made and decided. On the contrary, the very plain intimation of the cases in which this point or analogous ones have been considered is to the contrary. See for example, Stodder v. New England N. Co., 134 App. Div. 221; Colwell v. New York, N. H. & H. R. R. Co., 57 Misc. Rep. 623; Steinman v. Blumenfeld, 61 id. 220.

Order reversed, verdict and judgment reinstated, with costs of the appeal to appellant.

Seabury and Page, JJ., concur.

Order reversed, verdict and judgment reinstated, with costs..

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86 Misc. 42, 148 N.Y.S. 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conolly-v-jolly-nyappterm-1914.

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