10.9 IV. Scope of Court of Appeals’ Review

LibraryNY Post-Trial Practice & Procedures 2010

Although the Court of Appeals cannot review the appellate division’s determination regarding whether the trial judge correctly decided a CPLR 4404(a) motion to set aside the verdict as “contrary to the weight of the evidence,”629 the Court can review a determination to set aside the verdict based on legal sufficiency. When the appellate division reverses, on both legal sufficiency and weight-of-the-evidence grounds, a judgment entered on a plaintiff’s jury verdict, the Court can review whether the legal sufficiency ruling was correct.630 If the Court disagrees with the appellate division and concludes that the verdict is supported by legally sufficient evidence, the Court cannot reinstate the judgment entered on the verdict; instead, it...

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