Second Department Dismisses Appeal on Appendix Method
In Aguiar-Consolo v. City of New York, the Second Department dismissed an appeal from the denial of a CPLR 4404(a) motion to set aside a jury verdict, in that the appeal was perfected on the Appendix method and the appellants failed to include the full trial transcript. As such, the Court found that the Appendix was inadequate to enable the Court to render an informed decision on the merits.
Second Department Finds Defendant Waived Right to a Mistrial
In Sweet v. Rios, the trial judge invited either of the parties to move for a mistrial to "clear up" certain matters, the defendant declined. The Second Department therefore found on appeal that the defendants had waived the potential remedy of a mistrial, and could not argue on appeal that a mistrial should have been declared.
In Aguiar-Consolo v. City of New York, the Second Department dismissed an appeal from the denial of a CPLR 4404(a) motion to set aside a jury verdict, in that the appeal was perfected on the Appendix method and the appellants failed to include the full trial transcript. As such, the Court found that the Appendix was inadequate to enable the Court to render an informed decision on the merits.
Second Department Finds Defendant Waived Right to a Mistrial
In Sweet v. Rios, the trial judge invited either of the parties to move for a mistrial to "clear up" certain matters, the defendant declined. The Second Department therefore found on appeal that the defendants had waived the potential remedy of a mistrial, and could not argue on appeal that a mistrial should have been declared.
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