Motion for Judgment During Trial (Directed Verdict)

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 1071-1090

DIRECTED VERDICT

35-1

CHAPTER 35

MOTION FOR JUDGMENT DURING TRIAL

(DIRECTED VERDICT)

I. GENERAL POINTS

§35:01 Def‌inition and Purpose

§35:02 Authority

§35:03 Timing

§35:04 Res Judicata Effect of Judgment

§35:05 CPLR 3211 Motions Distinguished

§35:06 Denial of Summary Judgment Does Not Preclude Motion for Judgment

§35:07 Preclusion of Evidence May Lead to Directed Verdict

II. PROCEDURE IN GENERAL

§35:20 Motion Is Required

§35:21 How to Make

III. DIRECTED VERDICT AT CLOSE OF OPPOSING PARTY’S EVIDENCE

A. Timing Issues

§35:30 When to Raise

§35:31 Comparative Fault and Defendant’s Liability

§35:32 Reserving Motion

§35:33 Motion on Less Than All Issues

B. Burden of Proof

§35:40 Movant’s Burden

§35:41 Criteria

§35:42 Non-Jury Trial

C. Court’s Ruling

§35:50 Courts Are Reluctant to Grant

§35:51 Reserving Decision

D. Specif‌ic Situations

§35:60 Directed Verdict for Defendant

§35:61 Directed Verdict for Plaintiff

§35:62 Directed Verdict on Punitive Damages

§35:63 Directed Verdict on Damages

§35:64 Directed Verdict on Serious Injury

§35:65 Directed Verdict in Labor Law Cases

DIRECTED VERDICT

New York Trial Notebook 35-2

IV. DIRECTED VERDICT BASED ON ADMISSIONS

§35:70 In Opening Statement

§35:71 Failure to Mention Element of Prima Facie Case

§35:72 During Presentation of Evidence

§35:73 Representations by Counsel

V. MEDICAL MALPRACTICE CASES: LACK OF INFORMED CONSENT

§35:80 Expert Testimony Required

§35:81 Exception: When Defendant Provides No Information

§35:82 May Not Apply to Dental Malpractice

VI. ISSUES RE APPELL ATE REVIEW

§35:90 Failure to Move Concedes Existence of Jury Question

§35:91 Compare: Judgment Notwithstanding the Verdict