RUSSO v. PROBBER


135 A.D.2d 702 (1987)

Michael J. Russo, Respondent, v. Edwin Probber et al., Appellants

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

December 21, 1987


Ordered that the judgment and the order are affirmed, with one bill of costs.

The court properly exercised its discretion in denying the defendants' motion for a new trial pursuant to CPLR 4404. Further, the record clearly establishes that the defendants' prior counsel had been properly relieved or had withdrawn (CPLR 321), the defendants intelligently and knowingly waived their right to counsel and expressed a desire to proceed pro se, and the trial was conducted...

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