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Marmorstein v. Harlam

92 N.Y.S. 1133 Court N.Y. App. Term Decision date 1905-02-23 English

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p. 1133
MARMORSTEIN, Appellant, v. HARLAM, Respondent.
(Supreme Court, Appellate Term.
February 23, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Seventh Dis
p. 1134
trict. Action by Joseph Marmorstein against Moses Harlam. From an order setting aside a verdict, plaintiff appeals. Reversed. David Gerber, for appellant^ Maurice B. Blumenthal, lor respondent.

After a fair trial, involving only controverted questions of fact, the testimony was submitted to the consideration of a jury under an impartial charge to which no valid exception was taken, and a verdict was rendered in favor of the plaintiff. The defendant immediately made a motion to set aside the verdict, which was denied. Subsequently a motion was made by the defendant for a re-argument and rehearing of such motion, and, although it does not appear that such reargument or rehearing was had, the verdict was set aside. A careful examination of the record does not disclose any warrant for the granting of such an order. Order reversed, with costs.