10.2 A. Legal Sufficiency
Library | NY Post-Trial Practice & Procedures 2010 |
The Court of Appeals observed in Cohen v. Hallmark Cards, Inc.561 that a motion to set aside a jury verdict on legal insufficiency is considerably more significant than a weight-of-the-evidence determination because the former determination results in a final judgment, whereas the latter provides a new trial.562 As the Court stated, “The criteria to be applied in making this assessment are essentially those required of a Trial Judge asked to direct a verdict."563 For a court to conclude as a matter of law...
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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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