Phelps v. Delmore
New York Supreme Court
Motioh by the defendant for a new trial on newly discovered evidence after a trial before a referee and judgment entered upon his report, and an appeal to the General Term of the fourth department, and an affirmance of the judgment entered upon the report of the referee, upon a decision made at the April General Term of 1893. Affidavits read in support of motion. Affidavits read in opposition to the motion.
1Opinion of the CourtHabdib, J.
It was settled by the decision made in Tracey v. Altmyer, 46 N. Y. 598, that a motion may be made at Special Term for a new trial on newly discovered evidence after the entry of judgment.
In Fisher v. Corwin, 35 Hun, 253, it was held that laches would defeat such a motion. In that case the delay was four years, and it appeared that the party seeking relief had appealed to the General Term, where a new trial was ordered, unless the plaintiff stipulate to reduce the damages. The stipulation was given and the judgment as modified was thereupon affirmed; under the circumstances of that case it was…
2Cases cited3 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Carpenter v. CoeNew York Supreme Court · 1873
- Upington v. KeenanNew York Supreme Court · 1893
3Cited by3 opinions
- Frohlich v. ZeltzerAppellate Division of the Supreme Court of the State of New York · 1918
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- New Amsterdam Casualty Co. v. BeardsleyCity of New York Municipal Court · 1924