First Department,
March, 1912.
Frank X. Pettit, Respondent, v. Alice B. Pettit and Others, Appellants.
(No. 2.)
Appeal by the defendants, Alice B. Pettit and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk-of the county of New York, denying the defendant’s motion for a new trial on the ground of fraud and newly-discovered evidence.
[MAJORITY — Per Curiam:]
Per Curiam:
This appeal is from an order denying a motion for a new trial on the ground of fraud and newly-discovered evidence. The moving papers are insufficient to justify the granting of a new trial on either ground, and for that reason"the order appealed from should be affirmed, with ten dollars costs and disbursements. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and DowEng, JJ. Order affirmed, with ten doEars costs and disbursements.