Bove v. Croton Falls Construction Co.

At the close of the trial the motion to set aside the verdict of the jury in the plaintiff’s favor was entertained, and after the examination of' the able briefs the motion was granted because of an error in the charge1. N. Y. L. J., March 29, 1913. Upon appeal this order was reversed and the verdict reinstated. 81 Misc. Rep. 241. The defendant now moves for a new trial upon newly discovered evidence, consisting of the testimony of two witnesses not sworn upon the trial. There were two interviews between the parties; both agree the first one occurred at the defendant’s Brooklyn office. The…