Miller v. Katz

This is a motion for a new trial made some time after the close of the trial but during and before the expiration of the term. This was the second trial, the previous trial having resulted in a judgment for plaintiffs which was affirmed on appeal to the Appellate Term and subsequently reversed on appeal to the Appellate Division, a written memorandum having been filed with such reversal. Intermediate the close of the second trial and the making of this motion, a second memorandum commenting upon the first memorandum- was written and filed in the Appellate Division upon plaintiffs’ motion…