Landes v. Sallin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Jacob Landes against Dora Sallin. Judgment for plaintiff vacated, and plaintiff appeals.
1Per curiam
This an appeal by the plaintiff from an order vacating a judgment rendered against the defendant upon the ground of fraud, perjury, and newly discovered evidence.
The only point worthy of consideration urged by the appellant is that the motion made in the lower court was based upon affidavits alone, and was not made upon a settled case. See Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205; Rhodes v. Union Ry. Co., 108 N. Y. Supp. 949. This objection would be fatal, if a settled case was not before the court; but a case has been made and settled, *340and is with the return upon this…
2Cases cited2 opinions
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Rhodes v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Marks v. MagidAppellate Terms of the Supreme Court of New York · 1914