TARABOCHIA v. SMITH


87 A.D.2d 609 (1982)

Mary Tarabochia, Appellant, v. Karl Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1982


Appeal dismissed, without costs or disbursements, upon the ground that the order appealed from is nonappealable.

The motion herein (made more than six months after the trial) "for an order * * * setting aside the decision of the Court held at Trial Term * * * made prior to submission to the jury" was not within the ambit of CPLR 4404 (subd [a]) since it did not seek the "set[ting] aside [of] a verdict or any judgment entered thereon" (emphasis supplied...

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