Practice point: Evidentiary rulings are not appealable, either as of right or by permission, pursuant to CPLR 5701.
Students should note that a motion to set aside a jury verdict, pursuant to CPLR 4404, requires a showing that no line of reasoning and permissible inference would lead a rational person to the jury’s finding.
Case: Rosenfeld v. Baker, NY Slip Op 08087 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
