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Menzel v. Boschen

267 A.D. 876 Court N.Y. App. Div. Decision date 1944-02-14 English

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p. 876
Barbara M. Menzel, as Administratrix of the Estate of Marilyn B. Menzel, Deceased, et al., Appellants, v. Fred M. Boschen, Respondent.

Appeal from order denying plaintiffs’ motion for a new trial upon the ground of newly discovered evidence dismissed, with costs. Plaintiffs failed to make a case and procure the same to be settled as required by rule 221 of the Rules of Civil Practice. Close, P. J., Carswell, Johnston, Lewis and Aldrich, JJ., concur.