McCarthy v. Port of New York Authority
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The question is whether defendant’s post-trial motion for a new trial of this personal injury negligence action was properly granted, after previous denial on the record of a similar motion. Supplemental evidence submitted after trial on the second motion established false testimony by plaintiff and his witnesses, which, if available on the trial, probably would have changed the result.
The order appealed from should be affirmed. The promptly-made motion was made in the action and, therefore, was not a collateral attack. The supplemental evidence was presented to prove the falsity of testimony…
2Cases cited15 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Matter of HoldenNew York Court of Appeals · 1936
- Jacobowitz v. HersonNew York Court of Appeals · 1935
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3Cited by18 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1997
- Trapp v. American Trading & Production Corp.Appellate Division of the Supreme Court of the State of New York · 1979
13 more not listed; retrieve them via the Exa API.