Preleson v. Ali

Motion No. I is a motion for a new trial on the ground that the verdict of the jury was against the weight of evidence.

Motion No. 2 is a motion for a new trial made on the ground of newly-discovered evidence.

Both of these motions were made and heard at a Special Term by a justice who did not preside at the trial and after the term at which the case was tried had been terminated.

Motion No. 2 must be denied because there is not sufficient shown to meet the requirements on which a motion may be granted on the ground of newly-discovered evidence. (New Amsterdam Casualty Co. v. Beardsley, 123…