James McCreery Realty Corp. v. Equitable National Bank
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York, Special Term, granting the plaintiff’s motion for a new trial on the ground of newly discovered evidence.
1Dissent
Erlanger, J. (dissenting).
I am unable to subscribe to the conclusion reached by my associates,” and I. desire to record my dissent therefrom. Accepting the recognized legal postulate, that, new trials may be granted for newly- discovered evidence, I hold they are to be granted with caution, and that a strong case must be made to persuade a court to exercise its discretion in that regard. If judgments can be swept aside upon such a state of facts as the moving papers disclose, their finality is not only of doubtful validity, but their very integrity is threatened; and any judgment, after a…
2Cases cited2 opinions
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
- Hagen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905