| NY | Feb 18, 1975
Motion, to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein the Court of Appeals did not reach or consider the issues raised by appellant’s contention in postjudgment proceedings that he was entitled to a new trial because of newly discovered evidence. [See 35 N Y 2d 871.]