Travitzky v. Schamroth

This is a motion for a new trial on the ground of newly discovered evidence. The motion was made upon a case, returnable at Special Term. Pursuant to an established practice, apparently concurred in by some of the Justices in this department, the motion was referred to me, as the Trial Judge, *574for determination. The moving party challenges the propriety of this practice and contends that under section 552 of the Civil Practice Act the motion should he heard and decided at Special Term. That section, so far as pertinent, provides: “ In a case not specified in the last three sections, a motion…