KRESCH v. SAUL


29 A.D.3d 863 (2006)

816 N.Y.S.2d 147

MARYLOU KRESCH et al., Respondents, v. SUANNE SAUL et al., Appellants.

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

May 23, 2006.


Ordered that the order is affirmed, with costs.

On this appeal from an order granting the plaintiffs' motion to set aside a jury verdict in favor of the defendants and against them and for a new trial on the issue of damages, the defendants claim only that the Supreme Court should not have entertained the motion as it was untimely. We disagree. "A motion on notice is made when a notice of the motion or an order to show cause is served" (CPLR 2211; see Russo v Eveco...

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