Galarza v Heaney, 2022 NY Slip Op 02395 (2d Dept. 2022)
Court reinstated a 1.2 million dollar verdict. You ask why?
“The Supreme Court should have denied the defendants’ motion pursuant to CPLR 4404(a) as untimely, as it was made more than 15 days after the jury verdict was rendered, without good cause shown for the delay”
The trick here is to ask the Court once the jury leaves to set forth a briefing schedule. If not possible, work overtime to get the motion out. If still not possible, make sure you appeal from the judgment and perfect off an appendix if need be. This was a disaster.
