Erichson v. Sidlo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bohumil W. Sidle and another, trading as the Artistic Marble Company, from an order of the Municipal Court of the city of New York, borough of Queens, entered on the 14th day of March, 1902, setting aside a judgment theretofore entered in the action in favor of the deféndants and granting a new trial.
1Opinion of the Court
Woodward, J.;
The action here involved was brought by the plaintiff to recover certain commissions alleged to be due him for contracts procured with third persons for the defendants. Upon the trial judgment was entered in favor of the defendants. Subsequently the plaintiff made a motion, based upon affidavits alleging that one of his witnesses had failed to appear at the trial, and that his evidence was material to meet the testimony of one of the defendants, to set aside the judgment and for a new trial,, under the provisions of, chapter 748 of the Laws of 1896 (amdg. Laws of 1882, chap. 410,…
2Cases cited1 opinion
- Prager v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1901