Travitzky v. Schamroth

Appeal from an order of the Supreme Court at Special Term, entered May 16, 1950, in New York County, which granted a motion by plaintiff to set aside the judgment and for a new trial on the ground of newly discovered evidence.

The appeal is from an order at Special Term granting plaintiff’s motion for a. new trial on the ground of newly discovered evidence. The judgment vacated by the order appealed from was entered April 9, 1946, after a jury trial. This judgment reflects the excess of certain counterclaims over the claims embodied in the complaint. It was unanimously affirmed without opinion…