Wrenn v. Moskin

This is a motion for reargument upon the ground that the court has the right to sever the action and permit the plaintiffs to enter judgment for $204,875.11, with interest, or for the sum admittedly proved.

Upon the first appeal (226 App. Div. 563) this court reversed a judgment which had been directed in favor of the plaintiffs for $233,810.16, and directed a retrial, holding that there was a question of fact to be disposed of by the jury with reference to the counterclaim.

At the second trial the court directed a verdict for the plaintiffs for the sum of $204,875.11, with interest, and…