Thrower v. Smith

68 A.D.2d 896, 414 N.Y.S.2d 294, 1979 N.Y. App. Div. LEXIS 11143

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 8, 1979
• Status: Published

Opinion

Motion by the estate of Max Berens to amend the remittitur by adding a provision stating that questions of fact have not been considered or that the questions of fact have been considered and this court would not grant a new trial or hearing upon such questions of fact. Motion granted to the extent that the decision and order both dated July 3, 1978 [62 AD2d 907] are amended by adding, following the decretal paragraph, the following: "Questions of fact were not considered.” Titone, J. P., Rabin, Shapiro and Cohalan, JJ., concur.