Neidlinger v. Onward Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Onward Construction Company, from an order of the Supreme Court, made at the Kings County Special Term • and entered in the office of- the cleric of the county of Kirigs on the 17th day of May,. 1907, denying, the defendant’s motion for a new trial and. for leave to serve a proposed supplemental answer.
1Opinion of the Court
Per Curiam :
The action was for an unpaid balance on a building contract, extras and damages caused by the owner’s delay, and resulted in a' judgment for the plaintiff after a trial by the court without a jury. Upon .appeal to this court, we affirmed the judgment upon the opinion rendered by the learned trial court. (107 App. Div. 398.) Upon appeal to the Court of Appeals the judgment was affirmed *27without opinion. (188 H. T. 572.) This appeal is from an order denying the defendant’s motion for a new trial upon the ground of newly-discovered evidence, and for leave to serve a supplemental…
2Cases cited2 opinions
- Biddescomb v. CameronAppellate Division of the Supreme Court of the State of New York · 1901
- Neidlinger v. Onward Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Neidlinger v. StokesAppellate Division of the Supreme Court of the State of New York · 1908