Charles H. Stoddard, as Executor, etc., of Julia Adelia Acker, Deceased, and as Successor in Interest of Said Decedent, Appellant, v. LeRoy R. Stoddard and Alice Nielsen, Defendants and Alice Nielsen, Respondent

Charles H. Stoddard, as Executor, etc., of Julia Adelia Acker, Deceased, and as Successor in Interest of Said Decedent, Appellant, v. LeRoy R. Stoddard and Alice Nielsen, Defendants and Alice Nielsen, Respondent. [MAJORITY] Appeal from an order of Special Term of Supreme Court entered in Warren County clerk’s office on June 19, 1942, as amended and resettled by a further order entered on July 14, 1942. The order denied a motion by appellant to set aside a jury’s verdict and vacate a judgment entered thereon in the Warren County clerk’s office on February 13, 1942, on the ground of surprise and in the furtherance of justice, and for a new trial on the ground of newly discovered evidence. This was the second trial of the action. Order unanimously affirmed, with twenty-five dollars costs and disbursements. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.