Mayer v. Manufacturers Trust Co.

After both sides had rested in this hearing, ordered by the Appellate Division to determine the damages, if any, sustained by defendants because of a wrongful attempted rescission by plaintiff of a contract for the purchase and sale of realty, plaintiff moves for leave to reopen the hearing for the purpose of offering certain additional proof and evidence.

Since the application was made before a decision on the question of damages was rendered, it is within the discretion of the court to allow the hearing to be reopened for further proof to complete the record (Mohawk Carpet Mills v. State of…