10.0 I. Introduction
Library | NY Post-Trial Practice & Procedures 2010 |
Once a jury has rendered its verdict and been discharged and a judgment has been entered, the specter of an appeal looms over the victor and occupies the defeated. Post-trial motion practice can be viewed as a sort of purgatory between the trial and appeal. Just as the skilled trial attorney zealously preserves the trial record for appellate review, he or she must be similarly vigilant with regard to appellate considerations when drafting or opposing a post-trial motion.
Although an appellate court cannot...
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- 10.0 I. Introduction
- 10.1 II. Grounds for Setting Aside a Jury Verdict
- 10.2 A. Legal Sufficiency
- 10.3 B. Weight of the Evidence
- 10.4 C. Interests of Justice
- 10.5 D. Fraud and Misrepresentation
- 10.6 E. Inadequate or Excessive Damage Awards
- 10.7 F. Juror Confusion
- 10.8 III. Preservation for Appellate Review
- 10.9 IV. Scope of Court of Appeals’ Review
- 10.10 V. Conclusion
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