I have been trying to figure out whether it even makes any sense for Trump to appeal the judgments entered against him.  

 
              The civil fraud and two Jean Carroll judgments total $542 million. But New York’s judgment interest rate is a staggering 9% per annum. So if Trump appeals all three cases, the appellate process takes a year,  and the judgments are affirmed by the Appellate Division, that is about $49 million more he must pay. If he tries to petition the Court of Appeals for review and then SCOTUS for review on some quacky  constitutional legal theory (which I don’t think his clueless attys even raised which is fatal to review) and this takes another year, that is nearly $100 million more he must pay, not to mention attorney fees he must pay and the cost of the appellate bond – if he can get one.

            Or if he is reelected president and makes quacky legal arguments that the judgments cannot be collected during his 4 year term, that is 4 years at 9%. So delay is quite a gamble and will cost him millions just to appeal.

            Now I do think Judge Engoron erred in granting summary judgment on the statutory fraud count – which in effect imposes strict liability for false statements - because he made credibility determinations  and did not view the evidence in the light most favorable to Trump. But if the appellate court reverses on this basis, the remedy is remand for a new trial before ....Judge Engoron. (Maybe insulting the judge at every opportunity is not the best legal strategy).  You think he is going to change his mind? I see no chance that the appellate court would grant judgment notwithstanding the verdict.

 
            Even if the appellate court reduces the damages somewhat as excessive, the reduction would have to be very substantial to even out the judgment interest he must pay.  And at what point do Trump’s many lenders get nervous and accelerate the loans? There is also a possible $100 million tax lien the IRS may slap on Trump if it ever finishes its audit.

 
          So what do you think – does it even make any sense to appeal when at best its gets him a new trial before the same judge- or a reduction in damages - and costs him maybe 100 million more if he loses the appeals?

And then become somewhat akin to the My Pillow Guy and make $ from his deluded, sycophantic base hocking his wears to them? IOW, I think Trump could easily get rich again after all this.

supposedly his net worth is over 2 billion, so I don’t think he is close to being insolvent. And actual fraud is not dischargeable in bankruptcy. Whether the statutory fraud is dischargeable I have no idea.  

I just don't see a way out for him. The numbers are so big it is hard to believe he could make the loss  back selling sneakers or fundraising from his deluded supporters.

The case against trump where he borrowed money and paid it back with interest and on time is predicated on the idea that he overvalued the collateral correct?

And the New York AG has prosecuted how many other people for this “crime” as it were? In fact how many other people have ever been prosecuted for this “crime” ?

Especially if wins the presidency back? I just think he is so crooked and has, or will have, so much leverage over so many billionaires that all this becomes moot. He will always be super wealthy. Some one will pick up his tab or drastically reduce it. I really don't think he is sweating it but I could be wrong. Thanks for your take.

Valuation is subjective.  That's why nobody just accepts the other party's valuation and does their own before they reach an agreement.  This is purely lawfare against Trump because he is a Republican likely to win election.  

But Trump listed Mar A Lago at 400% HIGHER than ANY other private residence so he was clearly acting fraudulently. I am thoroughly convinced now that Trump will not win. The Dem party will come together to stop him. They did it to Bernie so they will def do it to Trump.

Selective prosecution is a defense only to a criminal indictment- this is a civil fraud case. And  the selection of a particular defendant has to be for some impermissible reason- prosecuting only blacks for selling drugs for example. It almost always fails as Trump  will learn in the four criminal cases where he already has raised  (I think) selective prosecution.  Remember how this got started- Michael Cohen testified to Congress – truthfully we now know- that Trump inflated the value of his assets to get loans and deflated them at property tax time. So she had to investigate given this televised sworn testimony.

            So even if the AG has never filed civil actions against anyone else for making false statements in business records repeatedly – and she says she has as does DA Bragg in the criminal case – that is no defense to Trump on appeal.

           For that matter, even if the AG ran on her promise to “Get Trump” and even if she hates Trump and is suing him to make his re-election more difficult, so what?  Prosecutors whether criminal or civil never go after all the bad guys. They pick the one who has caused the most damage = hello $355,000, 000 million fraud – and the one who is the most high profile – hello Trump- because the deterrence value is so much greater that going after someone nobody knows. The question is whether Trump committed fraud – he did- and the AG’s subjective motivations are largely irrelevant.

But for the question I raise – none of this matters because it is not a defense on appeal.

Yes, Trump behaved fraudulently when he inflated the value of his assets. But the banks were required to do their due diligence and establish their own value as a basis for; 1) doing the deal at all and, 2) getting paid at a rate reflecting their own numbers. So how are they victims? Unless it's of their own incompetence.

Trump clearly acted fraudulently and that is all that is needed under the current law, as best as I understand it and I certainly could be wrong. Now maybe they need to change the law? That's another matter.

If that's the case why was the judgement based on the highest amount the banks lost?

-- Modified on 2/18/2024 5:19:18 PM

All of this proves Trump is right, they are going after him in the eyes of the voters and ya wanna know what? That scares the American electorate, the idea of the government going after someone for what is basically a made up bulkdhit law that no one else has ever been prosecuted under.  

Congrats lefts you have made trump stronger…

The primary “victim” is the marketplace itself. To protect the marketplace, the AG has to police persistent fraud.  

 
          Because of his fraud, Trump made windfall profits on his purchase and development of various properties.  Even though he paid back the loans, the law does not permit him to keep windfall profits made because of fraud. So the $355,000,000 award is the disgorgement of the windfall profits he made plus prejudgment interest.

           And in fact the lenders were victims. Take the Old Post Office. Had Trump accurately represented his financial condition, Deutsche Bank would have charged 8% interest instead of the 2% rate they charged. So they did lose $10 million in interest that year even though the loan was repaid. From the opinion:

 

(2) Also in 2020,the Old Post Office loan was $170,000,000. Applying the non recourse rate of 8% (or .08) results in an interest payment of $ 13,600,000. Applying the recourse rate of 1.9348% (or .019348) results in an interest payment of $3,289,160 . Subtracting the latter from the former yields a saving of $10,310,840, as seen on PX3302, page 4.  

 
         And that is just for one year. The judge found Trump saved over $53,000,000 in interest during the life of the loan. And yes the lenders could still sue him for that and I suspect some atty is looking at this as we speak.

if he still had that $542,000,000 million and counting.  But hey you are entitled to your opinion. And if the electorate isn't already scared, there is something wrong with them.

Trump hasn’t paid any of that yet…

-- Modified on 2/18/2024 6:45:10 PM

You are wrong. The problem is that, to Trump, valuations are arbitrary and **variable**. Trump Org actually kept two sets of books (as came out in the first criminal fraud trial that convicted Weisselberg, the CFO, of fraud).  
.
The Palm Beach tax assessor recently (2021? 2022? 2023?) valued Mar-a-Lago AS A BUSINESS, a country club, at $17 M to $27 M. Trump had his representatives prepare a request to have the assessment LOWERED in order to lower his taxes further. (They filed such a request on another Palm Beach Trump property, the golf course, I think, and it was approved.) They decided not to file the Mar-a-Lago request but the document (and similar documents requesting lower valuations from prior years) exist. That is, Trump agreed to the valuation of Mar-a-Lago at $18-$27M. But when it comes to applying for loans or for bragging about his enormous wealth, he values MaL at $1.5 B!!! . He has owned MaL since 1985. To avoid paying taxes, he agreed to have the property deeded as a country club BUSINESS and it could not be used as a residence (limits on how long patrons could stay in the rooms, etc.). After leaving the WH, there were even lawsuits by Palm Beach residents to prevent Trump from using it as his residence. There was a loophole that allowed employees to live at MaL so Trump is also now an employee of MaL so he can live there. I don't know if that ruling is final; it might still be in the courts.  
.
If Trump wants to claim that MaL is NOT a country club business but is a residence worth $1.5 B, he will owe much more than $100 M in back taxes.  
.
WHEN Judge Engoron wrote that MaL is worth "$18 M to $27M" he was quoting from documents submitted in evidence at the trial. Meanwhile, Alina Habba is screaming her head off saying, ~"How dare the judge say that MaL is only worth $18M!! How dare he!??!!" etc.. First of all, the written order quoted the RANGE of "18-27", NOT the minimum "18." Second of all, those were Trump's own official, legal, agreed-to valuations!!! Let her scream at Trump, not Engoron. (Trump had ZERO evidence or credible witnesses who would attest to a higher MaL valuation.)  
.
I didn't read anything about Trump's New York City tax filings during this trial, but there are NYC real estate taxes on condos. Did Trump claim his Trump Tower penthouse was "11,000 sf, $50 M" on his NYC and NYS taxes but "30,000 sf, $350 M" on his loan applications? I wouldn't be surprised, would you? Meanwhile, Weisselberg may have perjured himself by claiming he was not involved in coming up with the 30,000 sf $350 M valuation.
.
It already came out (thanks to investigative reporters) that Trump claimed income from commercial rooftop antennas (TV, radio transmitters or other communications antennas) on some of the taller buildings he operates. As I recall, one building was earning $100,000 per year for the antenna lease for at least 10 years. "Antenna lease income" showed up on his loan applications. However, that income did NOT show up on his NYC tax filings. (The only reason it was discovered was because Trump filed a tax abatement request with NYC on one of his properties. Such filings are public so citizens can chime in and alert the authorities about contestable requests. Property owner: "I want an abatement because I installed a new elevator." Tenants or others may oppose: "New elevator? Bullshit! Deny this request until he DOES repair the elevator!") Journalists who scour those filings found Trump's request and it led to the revelation of the VARIABLE valuation.  
.
I am pretty sure that Trump's Seven Springs estate in Westchester came up at trial. Trump got a tax abatement on a large portion of the property by allowing it to be designated a nature conservancy that could not be developed for commercial purposes (sub-division and building more houses). That lowered the property value and Trump's taxes by a lot. On his LOAN appications, he forgot about the conservancy agreement and the value shot up by over $200 M.  
http://www.msnbc.com/rachel-maddow-show/trumps-alleged-financial-fraud-creates-important-new-vulnerability-msna1200161
.
And the list goes on: a residential property on Park Avenue where many of the units are still under rent control. For taxes, the property value is LOW. When bragging about his net worth or applying for loans, Trump forgets that the units are rent controlled and claims a much higher rental income than was true and declares the value of the property to be HIGH.  
.
Anyway, it has been PROVEN BEYOND DOUBT that Trump is a double-dealing, double-bookkeeping, tax cheating, lying FRAUD.

Valuation may be subjective. Selectively VARIABLE valuation is FRAUD.
.
EDIT: fixed typos and grammar

-- Modified on 2/18/2024 5:21:45 PM

Are we thinking about the same thing on this one:

http://www.newyorker.com/news/our-columnists/trumps-seventy-three-million-dollar-tax-refund-is-the-biggest-outrage-of-all
Trump’s Seventy-Three-Million-Dollar Tax Refund Is the Biggest Outrage of All.
.
Basically, Trump's businesses were losing money left and right. It was the decade when Trump claimed on his taxes to have lost over $1 billion. He paid zero taxes and carried forward the business losses until the loss credits ran out. In the meantime, a new tax law had been passed that: "Proprietors who abandon loss-making businesses are allowed to claim some of the losses they incurred for tax purposes, but they have to give up the businesses entirely and ****not receive anything of value in return.**** Trump got something. When Trump Entertainment Resorts was restructured and placed under new ownership, he received five per cent of the stock in the successor company. “The materials reviewed by the Times do not make clear whether Mr. Trump’s refund application reflected his public declaration of abandonment,” the report says. “If it did, that 5 percent could place his entire refund in question.” ..."  
.
It turns out that Trump requested the refund w/o disclosing that he received shares in the restructured company. The refund (~$73M) was issued pending further review. "Michael Cohen, Trump’s former personal lawyer, was referring to [this refund] in his 2019 testimony to Congress, when he recalled Trump showing him a huge check from the U.S. Treasury and remarked that Trump “could not believe how stupid the government was for giving someone like him that much money back.” ..."
.
Because the refund was fraudulently claimed, it can be reclaimed by the IRS, plus interest. That places the amount that Trump will have to pay back in excess of $100 M.  
.
(While looking for the above story, I also got this one that Trump lovers will appreciate.
http://www.washingtonpost.com/business/economy/as-its-stock-collapsed-trumps-firm-gave-him-huge-bonuses-and-paid-for-his-jet/2016/06/12/58458918-2766-11e6-b989-4e5479715b54_story.html
As its stock collapsed, Trump’s firm gave him huge bonuses and paid for his jet.
.
"... Many of those who lost money were Main Street shareholders who believed in the Trump brand, such as Sebastian Pignatello, a retired private investor in Queens. By the time of the 2004 bankruptcy, Pignatello’s 150,000 shares were worth pennies on the dollar. “He had been pillaging the company all along,” said Pignatello, who joined shareholders in a lawsuit against Trump that has since been settled. “Even his business allies, they were all fair game. He has no qualms about screwing anybody. That’s what he does.” ..."
.
"Trump was the chairman of Trump Hotels and Casino Resorts in Atlantic City from 1995 to 2009, his only outing as the head of a major public company. During that time, the company lost more than $1 billion, financial records show. He also was chief executive from 2000 to 2005, during which time share prices plunged from a high of $35 to as low as 17 cents. Trump received more than $44 million in salary, bonuses and other compensation during his time at the company, filings show.  ..."
.
"... the company paid premium prices for two of Trump's deeply indebted, privately held casinos, the Trump Taj Mahal and the Trump Castle. In essence, he was both buyer and seller, able to set whatever price he wanted. The company bought his Castle for $100 million more than analysts said it was worth.  ..."
.
"As millions of dollars in shareholder value evaporated, the company gave Trump a $7 million pay package, including a 71 percent raise to his salary, financial filings show. Trump defended his compensation by telling the Wall Street Journal, "Other than the stock price, we're doing great." “He ran these companies into the ground,” Graef Crystal, an executive-pay consultant who watched the company at the time, said in an interview. ..."
.
"The company lost money every year of Trump’s leadership, and its share price suffered. A shareholder who bought $100 of DJT shares in 1995 could sell them for about $4 in 2005. The same investment in MGM Resorts would have increased in value to about $600. ..."
.
I know that MAGAs don't read these reports or don't believe them. I post them (with links) so independents can read further and learn about Trump from someone other than Trump and his cult.  
.
Table of Trump's Business Losses (which grew to exceed $1.15 B in the following years):

You stopped lurking long enough to try to impress us with your legal knowledge but you always fuck up and prove you know nothing about the law.

 
In your OP you said:
"I see no chance that the appellate court would grant judgment notwithstanding the verdict."  
WRONG!!!  1000% WRONG!!!  

 
A judgment notwithstanding the verdict (JNOV) can only be entered by a TRIAL judge in a jury trial, not by an appellate court.  If a trial judge believes that a jury has come to a verdict that is not reasonable, he can enter his own verdict notwithstanding the jury's verdict.

 
It's similar to the "reasonable person standard" in law.  If a jury awards someone $10 million and his only injury in a car accident is a broken finger, the trial judge can enter a JNOV for what he considers a reasonable jury would award for the injury.  Even a 1L should know this.

 
Now go back to lurking and STFU about legal matters.  

-- Modified on 2/19/2024 5:19:09 AM

Let’s see if we can get it out.

               When the defendant loses at a jury or bench trial, he normally moves for a new trial and  for judgment notwithstanding the verdict raising all purely legal issues he has. If the motion nov is denied, the issue on appeal then becomes, did the trial court err in denying my motion for judgment notwithstanding the verdict. [whether NY calls it judgment nov in a bench  trial I do not know; in federal court we just say motion for judgment as a matter of law)  

Now let’s look at your legal wisdom:

In your OP you said:  
"I see no chance that the appellate court would grant judgment notwithstanding the verdict."  WRONG!!!  1000% WRONG!!!  
 
A judgment notwithstanding the verdict (JNOV) can only be entered by a TRIAL judge in a jury trial, not by an appellate court.  

         Better tell the Appellate Division because they seem to have a completely different view:  

 “We further find that the trial court erroneously denied the defendants' motion for judgment notwithstanding verdict on the basis that the enforceability of limiting agreements had already been determined against the defendants by this Court in 2005, and therefore constituted law of the case.  
…
For the reasons set forth below, we reverse and grant the defendants' motion for judgment notwithstanding the verdict.  

Feinberg v. Boros, 99 A.D.3d 219, 951 N.Y.S.2d 110, 2012 N.Y. Slip Op. 6114 (N.Y. App. Div. 2012). Opps.

Here Trump raised lack of standing, lack of capacity, the statute of limitations, and the disclaimers as a complete defense to all or most claims. I fully expect to see these defenses in a post- trial motion whether denominated a motion for judgment nov, a motion for judgment as a matter of law, or a motion to alter and amend judgment.  The judge will deny these motions. And Trump will repeat them on appeal.  I see no chance that the appellate court will rule that the judge erred in denying the motion for judgment nov and grant  the motion for judgment nov (or however they style it) on appeal as did the Feinberg court. That is why I think the appeal makes no sense.

Now comes the really hard part- getting your foot out. Listen carefully
1. Open your mouth.
2. Remove your foot.

Did that work? Wait on second thought- could we just skip number 1 ? LOL.

D A M N the para-legal’s assistant just got SCHOOOLED!

😬  😬  😬

The first sentence of your post is a LIE:
"When the defendant loses at a jury or bench trial..."

 
That's a bald-faced LIE.  A judgment notwithstanding the verdict is ONLY available in a JURY trial.  Here's my proof:
http://www.law.cornell.edu/wex/judgment_notwithstanding_the_verdict_(jnov)

 
Let's see YOUR link that a JNOV is available at a BENCH trial.  You don't have one.  You know you're full of shit. You just threw in "bench trial" because that's what Trump had by Judge Engoron.  
WHERE'S YOUR LINK, DUMMY?

 
The term "judgment notwithstanding the verdict" means "judgment notwithstanding the JURY'S verdict."  A motion for JNOV can be made after a jury's verdict to ask the judge to overturn the verdict.  You cannot make a motion for the judge to overturn his own verdict in a bench trial.
 

What a litigant CAN do is make a "Motion for Reconsideration" of a judge's verdict at a bench trial.  But you're too ignorant of the law to know that.

 
The case you cite is bullshit too.  You didn't bother to read the case; you desperately searched for something that would support your erroneous contention about a JNOV.  Feinberg vs. Boros was a JURY trial, not a BENCH trial.  The losing party made a motion asking the judge to enter a judgment notwithstanding the JURY'S verdict.  The judge DENIED the motion for a judgment notwithstanding the JURY'S verdict, hence the appeal. The appeal was of the trial court judge's decision not to grant the motion for JNOV.   The appellate court REVERSED the trial judge, ruling that the trial judge should have granted the motion for a JNOV.  

 
That's why the appellate court said: "...we REVERSE and grant the defendants' motion for judgment notwithstanding the verdict."  The appellate court REVERSED the trial judge which means the JNOV AUTOMATICALLY was granted and went into effect.  You're so dumb you acually think it was the appellate court that "granted" the JNOV.  No, dummy, the appellate court merely REVERSED the decision of the trial court judge not to grant the JNOV.

 
Again, this statement of yours in your OP is BULLSHIT:
"I see no chance that the appellate court would grant judgment notwithstanding the verdict."  
There was NO motion for a JNOV in Judge Engeron's court and Trump CANNOT make a motion for a judgment notwithstanding the verdict in the appellate court.  Such a motion was NOT made in Judge Engeron's court because it was NOT a JURY trial.  And the appellate court can't reverse Judge Engeron's decision 'sua sponte;'  There has to be a full appeal before the appellate court could reverse Judge Engeron's decision.

 
Now show me your link that a JNOV can be had in a BENCH trial or go crawl back into the woodwork and keep lurking.
And no, my foot is not in my mouth.  I broke it off in your ass.  LOL!

I think ya kinda missed exactly how that expression is supposed to go  

🤔🫣

🤣 😂 🤣 😂 🤣

until I read your post. Thanks for the cogent explanation. I thought the problem was that Trump grossly inflated his losses (sound familiar) but the IRS did not have the resources to check the books of the many Trump subsidiaries/entities etc. If it is a simply matter of determining whether he got stock in the restricted company, I don't see how that could take ten years and counting.

...shows just how dumb you are.

 
1)  You wanted to reply to me but you replied to the OP.  Dumb!
2)  My post kicked marikod's ass so badly that I figuratively broke my foot off in his ass.
     I kicked his ass so badly that he crawled back into the woodwork like the cockroach he is.
     I think ya kinda missed exactly how that expression is supposed to go.  
     I also kicked your ignorant ass since you were all too eager to agree with marikod.
     Maybe you would like to white knight for marikod and explain to me how I'm wrong about a JNOV at the appellate level.
     As you say, I'm only an assistant to a paralegal; surely you know more than I do.  Let's see what ya got.

-- Modified on 2/20/2024 6:45:04 PM

END OF MESSAGE

END OF MESSAGE

You really must be butt hurt by me kicking your ass all the time.  I really must be in your head.  So much so that you have to jump in and make a feeble, nonsensical attempt to white knight for marikod.

 
After marikod "schooled" me, as your fellow idiot LostSon claimed, I posted a reply to marikod that thoroughly proved how wrong marikod was.
http://www.theeroticreview.com/discussion-boards/politics-and-religion-39/marikod---i-kicked-your-ass-in-your-op-so-you-resort-to-lying-439232?page=1

 
He could come up with NOTHING to rebut my post.  Why?  Because I was RIGHT!  At least marikod and LostSon had sense enough to slink away like the ignorant, cowardly little cockroaches they are.  But YOU, butt hurt CKS175, jumped in to white knight for marikod.  Yet you said nothing of how he "schooled" me after I replied to him.  All you said is he "schooled" me.  
How did marikod "school" me?  He didn't even reply to me!  He knew I was right and he was wrong!  LOL - you're pathetic.

Narrator: Marikod is a successful lawyer. BigPapasan couldn’t get hired as a paralegal in a public defender’s office.

There’s no need or reason for Marikod to take the time to
reply to every one of your posts, especially when the reply in question would have been wasted on a laughably weak rebuttal.  It’s apparent from your posts that you’re good at cut and pasting search results while at the same time lacking the ability to grasp the concepts underlying the topics at hand. Input from Marikod on legal topics carries far more weight than any crap you might happen to throw up on a wall.

even if he DID qualify to file, which I doubt that he does.  Liabilities must exceed assets in order to prove insolvency, so the fact that he still has a positive net worth makes him ineligible for a Chapter 7.  An orderly sell of just enough assets to pay the debt is the best way to go.  However, if he wants to reorganize, he could try a chapter 11 reorganization, and if his plan is approved by the court, pay the money owed WITHOUT INTEREST spread over five years.  Interest stops on the day the petition is filed. This would allow him to retire the debt from current income instead of liquidating assets in a distressed manner.

When it comes to a bench trial, what kind of idiot judge would decide a case and then overturn his own verdict?  That can only happen in the twilight zone.  Lol

"I HATE to agree with you..."  That was his way of reluctantly having to agree with me while still hating my guts, lol.

 
The law is the law.  I'm glad you weren't blinded by partisanship unlike CKS who will be a butt hurt partisan hack until the day he dies:
http://www.theeroticreview.com/discussion-boards/politics-and-religion-39/re-roflmao-cks-is-yes-marikod-took-bigpapasan-to-school-439533?page=1

to remove email addresses and names. Now cue up the usual dimwits who'll say I made it up. But if you know GaG as I do, you can tell his words are authentic. He's half Chinese so I complained there were too many of them on my ship, just to piss him off...Not that he'd care...
"They are coming out of the woodwork like cockroaches! And we're in the middle of the Tasman Sea so I can't get off. FUCK!!
I'd call you and Mikey but there's no phone service out here.
Melbourne next.

11:05 AM (7 hours ago)
I bet they are complaining about too many fucking jews on the boat, even if you were the only one, it would be one too many lol lol.
Well, you could get off if you really wanted to, and personally I have
to recommend you do so, and do it NOW!!!

Still drunk I hope?

11:10 AM (6 hours ago)
You well know I am only drunk at night. You also should know Chinks can't tell a Heeb from a Wop because we all "rook arike." They have no idea what to think"
Now cue up ChicKie to call me a racist. Well at least I'm an equal-opportunity racist, including ridiculing Jews. LMAO!

If this really was him? why the recommendation for you to jump over board? Oh wait I know, your a complete asshole and what you perceive to be friendly banter?    I S N ‘ T  

Maybe he’s saying 🖕🖕🖕 icky  

Just wondering

that you don't know GaG and never have. But thanks for such a feeble effort. Your raging jealousy is showing.
You really are a weakling, aren't you????
Let the record show you didn't even try to suggest the email thread wasn't real.

BP -A judgment notwithstanding the verdict (JNOV) can only be entered by a TRIAL judge in a jury trial, not by an appellate court.    

The Appellate Division:  “We further find that the trial court erroneously denied the defendants' motion for judgment notwithstanding verdict on the basis that the enforceability of limiting agreements had already been determined against the defendants by this Court in 2005, and therefore constituted law of the case.    
 …  
 For the reasons set forth below, we reverse and grant the defendants' motion for judgment notwithstanding the verdict.    
   
 Feinberg v. Boros, 99 A.D.3d 219, 951 N.Y.S.2d 110,(N.Y. App. Div. 2012). Whew. Can’t be any “wronger” than that.

            As for his reply post, I thought he would say “I stand corrected.” Instead, he started name calling. I immediately stopped reading his post, so I have no idea if he ever found his way out of the fog, or discovered the NY civil procedure rule that provides for post- trial judgments as a matter of law in non-jury trials, not withstanding that the judge has entered a verdict for the defendant. (“After a trial not
triable of right by a jury, upon the motion of any party or on its own
initiative, the court may set aside its decision or any judgment entered
thereon. It may make new findings of fact or conclusions of law, with
or without taking additional testimony, render a new decision and direct
entry of judgment, or it may order a new trial of a cause of action or
separable issue”)

 
            Looking at the appeal filing made by Trump, I see he is indeed arguing errors of law including statute of limitations and no disgorgement of profits under the statute. In other words, notwithstanding the factual finding of fraud and the verdict, he is asking the court entered judgment for him as a matter of law. So I end where I began- I don’t think the appellate court will grant him judgment notwithstanding the verdict - and with interest running at $112,000 a day I think he takes an incredible gamble in appealing this.

Excellent points. I’m not sure whether BigPapasan is too stupid to realize his argument is wrong, or is just to obstinate to admit he was wrong. One thing is for certain, he knows nothing about New York civil procedure rules.

As far as the appeal itself,even taking into account the merits (or lack of) of the defendant’s arguments, I think Trump had no choice but to appeal.