Narrative Opinion Summary
The trial court's post-trial dismissal of the appellant's counterclaim and the appellee's claim is reversed with prejudice. The case is remanded for the trial court to reinstate the jury verdicts, while allowing for reconsideration of the appellee's motions for remittitur and set off. The appellate court upheld the trial court's original decision to admit certain testimony during the trial, deeming the trial court's subsequent change of position as erroneous. The appellate court also rejected the appellee's argument regarding the statute of limitations. Furthermore, the cross-appeal for a new trial is deemed moot due to the ruling on the admissibility of testimony. Judges Glickstein, Klein, and Pariente concur in this decision.
Legal Issues Addressed
Admissibility of Testimonysubscribe to see similar legal issues
Application: The appellate court upheld the decision to admit certain testimony, finding the trial court's later change of position to be incorrect.
Reasoning: The appellate court upheld the trial court's original decision to admit certain testimony during the trial, deeming the trial court's subsequent change of position as erroneous.
Mootness of Cross-Appeal for New Trialsubscribe to see similar legal issues
Application: The cross-appeal for a new trial was rendered moot by the appellate court's decision on the testimony's admissibility.
Reasoning: Furthermore, the cross-appeal for a new trial is deemed moot due to the ruling on the admissibility of testimony.
Remand for Reinstatement of Jury Verdictssubscribe to see similar legal issues
Application: The case is remanded to the trial court for the reinstatement of the original jury verdicts, allowing for further consideration of specific motions.
Reasoning: The case is remanded for the trial court to reinstate the jury verdicts, while allowing for reconsideration of the appellee's motions for remittitur and set off.
Reversal of Trial Court's Dismissalsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's post-trial dismissal of the appellant's counterclaim and the appellee's claim, indicating an error in dismissing these claims.
Reasoning: The trial court's post-trial dismissal of the appellant's counterclaim and the appellee's claim is reversed with prejudice.
Statute of Limitations Defense Rejectedsubscribe to see similar legal issues
Application: The appellate court dismissed the appellee's argument concerning the statute of limitations, affirming that this defense was not applicable.
Reasoning: The appellate court also rejected the appellee's argument regarding the statute of limitations.