GAYLE v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY


6 A.D.3d 183 (2004)

775 N.Y.S.2d 2

PHILLIP GAYLE et al., Respondents, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant.

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

April 1, 2004.


Defendant, citing Judiciary Law § 21, argues categorically that, whenever a matter is tried to conclusion and the trial judge becomes unavailable to adjudicate a posttrial CPLR 4404 motion, as occurred here, there must be a new trial. We, however, decline to apply Judiciary Law § 21 in so rigid a fashion and find that, under all of the circumstances presented, the perspective of the trial judge was not essential to the...

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