Ordered that the judgment is reversed, in the exercise of discretion, with costs, and a new trial is granted.
After denying the plaintiffs' application for a brief continuance, the trial court granted the defendant's motion for judgment during trial (CPLR 4401) based upon its determination that the plaintiffs had failed to prove a prima facie case. The judgment which was thereafter entered is, contrary to the defendant's contention, appealable as of right, and the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.