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GENOESE v. HIGGINS

37 A.D.2d 852 (1971)

William Genoese, Jr., an Infant, by His Father and Natural Guardian William Genoese, Sr., Respondent, et al., Plaintiff, v. Michael Higgins, an Infant, by His Father and Natural Guardian James Higgins, et al., Defendants, and Julia Seidel, Appellant

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

October 18, 1971

Judgment affirmed insofar as appealed from, with costs.

After the trial court's charge to the jury, counsel for appellant asked that he be permitted to state his exceptions in the absence of the jury. The court granted the request and excused the jury; and counsel then stated his exceptions. After the jury returned, the court directed that counsel restate his exceptions in the presence of the jury, but counsel objected. In...

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