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Jury box Jury box

On, Aug. 20, 2020, the Fourth Department issued two decisions, Defisher v. PPZ Supermarkets, Inc., 2020 NY Slip Op 04665 [4th Dept. 2020] and Alexandra R. v. Krone, 2020 NY Slip Op 04631 [4th Dept. 2020], both of which repudiated the court’s precedent authority and adopted the recent shift in law by the Second Department, in Evans v. New York City Tr. Auth., 179 A.D.3d 105 [2d Dept. 2019], which held that “an appellant need not preserve the contention that a jury verdict was contrary to the weight of the evidence by making a post verdict motion for a new trial.” Defisher and Alexandra R. are momentous strides in the seeming evolution toward the death knell of CPLR 4404 as applied to the method of preservation of the contention that a verdict was against the weight of the evidence.

CPLR 4404

CPLR 4404, post-trial motion for judgment and new trial, provides:

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