James McCreery Realty Corp. v. Equitable National Bank
City of New York Municipal Court
Motion by plaintiff for a new trial on the ground of newly discovered evidence.
1Opinion of the Court
O’Dwyer, Ch. J.
After due consideration of the proofs submitted, I am of opinion that the plaintiff has made out a case entitling it to a new trial. The objection that the City Court, the court of original jurisdiction, is without power to grant a new trial upon newly discovered evidence, where the Supreme Court of the United States has affirmed its judgment upon a writ of error, duly issued thereto, is fully answered and overruled in Ex parte Fuller, 182 U. S. 562. The principle underlying the decision in that and kindred cases is that the law of the place of trial determines the right of a…
2Cases cited6 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Fuller v. United StatesSupreme Court of the United States · 1901
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890
- Maloney v. DowsNew York Court of Common Pleas · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cerrato v. SantuggeAppellate Terms of the Supreme Court of New York · 1909
- People ex rel. Tobenkin v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1909