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McGLYN v. JOHNSON

15 Misc.2d 1028 (1959)

Helen McGlyn et al., Plaintiffs, v. Anna Johnson et al., Defendants.

Supreme Court, Trial Term, Kings County.

March 9, 1959.

Attorney(s) appearing for the Case

Twohy & Kelleher for plaintiffs.

Galli, Terhune, Gibbons & Mulvehill (Oscar A. Thompson of counsel), for Fred Seaman, defendant.

Evans, Orr, Walsh, Gourlay & Pacelli (Walter G. Evans of counsel), for Anna Johnson, defendant.

BENJAMIN BRENNER, J.

The communication addressed to the court on March 5, 1959 by the attorney for the defendant Seaman is deemed a motion to reargue. The said defendant calls attention to an erroneous quote by the court of the wording of a motion made by him to set the verdict aside. He insists that the motion to set aside was not directed to "the weight of the evidence" and that it was urged as incidental merely to the

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