Legal Opinion

Bernstein v. Schneider

City of New York Municipal Court

Decided June 15, 1911Published

Motion for a new trial on the ground of newly discovered evidence.

1Opinion of the CourtSchmuck, J.

Had the jury known that Sam Eosen and Abraham G-lowinsky were, respectively, brother-in-law and cousin to the plaintiff, would their verdict have been against the plaintiff? Unless this question can be resolved in the *480affirmative the defendant is not entitled to a new trial. In consequence, unless the alleged false swearing was to a material point at issue no justification for a vacation of the verdict can be found. Brennan v. Joline, 125 N. Y. Supp. 5'25. Considering the application as based as much on the ground of newly discovered evidence as for the reason of the false swearing of the…

2Cases cited2 opinions

  1. People v. . PrioriNew York Court of Appeals · 1900
  2. Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909

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