ACOSTA v. MILLER TRANSP. CO., INC.


276 A.D. 1005 (1950)

Gregory Acosta, an Infant, by Doris Acosta, His Guardian ad Litem, et al., Appellants-Respondents, v. Miller Transport Co., Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1950.


Per Curiam.

In October, 1948, a jury rendered a verdict for the defendant in an action to recover damages for personal injuries based on negligence. Plaintiffs, during the same term of the court, addressed two motions to the trial court (1) to set aside the verdict upon the ground of newly discovered evidence, and (2) to reargue an oral motion made at the end of the trial (and orally denied) to set aside the verdict as against the weight of evidence.

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