Marmorstein v. Harlam

Appellate Terms of the Supreme Court of New York

Marmorstein v. Harlam

92 N.Y.S. 1133

Appellate Terms of the Supreme Court of New York·Decided February 23, 1905·Published

Opinion

PER CURIAM.

After a fair trial, involving only controverted questions of fact, the testimony was submitted to the consideration of a jury under an impartial charge to which no valid exception was taken, and a verdict was rendered in favor of the plaintiff. The defendant immediately made a motion to set aside the verdict, which was denied. Subsequently a motion was made by the defendant for a re-argument and rehearing of such motion, and, although it does not appear that such reargument or rehearing was had, the verdict was set aside. A careful examination of the record does not disclose any warrant for the granting of such an order. Order reversed, with costs.

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PER CURIAM.

After a fair trial, involving only controverted questions of fact, the testimony was submitted to the consideration of a jury under an impartial charge to which no valid exception was taken, and a verdict was rendered in favor of the plaintiff. The defendant immediately made a motion to set aside the verdict, which was denied. Subsequently a motion was made by the defendant for a re-argument and rehearing of such motion, and, although it does not appear that such reargument or rehearing was had, the verdict was set aside. A careful examination of the record does not disclose any warrant for the granting of such an order. Order reversed, with costs.

Marmorstein v. Harlam, 92 N.Y.S. 1133 (N.Y. Ct. App. 1905).

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