Zettel v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Taylor, from an order of the Supreme Court, made at the Kings County Special Term bearing date the 28th day of July, 1908, and entered in the office of the clerk of the county of Kings, denying the defendant’s motion for a new trial upon the ground that the judgment was procured by perjured testimony of the plaintiff, and upon the grounds of fraud and newly-discovered evidence.
1Opinion of the Court
Rich, J.:
The defendant was not informed of the time of the trial, and was consequently not present in court. He was represented, however, by counsel, and we cannot say that the result would have been different had he been present.
The verdict awarded plaintiff $500 damages. The action was brought to recover for personal injuries, and the judgment has been affirmed by this court (128 App. Div. 251).
Upon the trial the real question submitted for the consideration of the jury related to the extent of plaintiff’s injuries. After the accident he was taken to a hospital, where he remained about an…
2Cases cited1 opinion
- Zettel v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908