As is true in all aspects of life, it is often beneficial to return to the basics of our practice—the essential substantive and procedural principles that underlie the advice we provide to our clients, the pleadings we draw on their behalf, and the positions we advocate. The following opinions serve as a refresher for many of these fundamental tenets, and serve as valuable guideposts in the area of trusts and estates.
JNOV
While many of us have been involved in jury trials, there are avenues that can be pursued in order to request judgment as a matter of law prior to verdict during the course of the proceeding, or to set aside a verdict after trial. These alternatives are provided by CPLR 4401 and CPLR 4404(a), respectively.
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