General
John H. Kuder, Respondent, v. Arthur Mary, Appellant
172 A.D. 900·New York Supreme Court, Appellate Division·1916·NY
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Opinion
John H. Kuder, Respondent, v. Arthur Mary, Appellant.
Appeal from an order of the Appellate Term, entered in the New York county clerk’s office on the 5th day of Rovember, 1915, reversing an order of the Municipal Court granting a motion for a new trial upon newly-discovered evidence and reinstating the judgment originally rendered in favor of plaintiff.
[MAJORITY — Per Curiam:]
Per Curiam:
We think that the moving affidavit was insufficient to establish a case for a new trial on the ground of newly-discovered evidence, and for that reason, without passing upon the question of the necessity of making a case, the determination appealed from should be affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Determination affirmed, with ten dollars costs and disbursements.