Queensboro Farm Products, Inc. v. State

Order reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum: We do not condone the gross negligence of plaintiff’s attorney of record for his delay of more than eight months in making the motion for a new trial upon the ground of evidence discovered after the ease had been submitted to the jury and before it returned a verdict. The test to be applied is not, as suggested by the attorney, whether the delay has prejudiced the defendant but instead whether the administration of justice in *963general has been hampered by the inexcusable action of the…