Wittemeyer v. Martin

Staley, Jr., J.

Appeal from an order of the Supreme Court at Special Term, entered October 11, 1968, in Montgomery County, which denied plaintiffs’ motion for an order setting aside the judgment of no cause of action, entered herein on October 11, 1967, and for a new trial on the grounds of misconduct, newly discovered evidence and, in the interests of justice. The plaintiff Barbara Wittemeyer was injured shortly after 9:00 a.m. on December 29, 1964, when she fell upon the sidewalk in front of and adjacent to the building owned by the defendant, Louis Martin. Thereafter, the plaintiffs brought…