Sachs v. Blum

The plaintiff recovered judgment against the defendant upon an alleged contract of employment after a trial before the court without a jury. Thereafter the defendant made a motion for a new trial returnable at Special Term, Part 1, on the ground of newly-discovered evidence, upon affidavits and upon the stenographic minutes of the trial. In connection with the motion no case was made and procured to be settled as provided by rule 221 of the Rules of Civil Practice. The motion was referred to the justice before whom .the action had been tried, who concluded that the newly-discovered evidence…