Prager v. Borden's Condensed Milk Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order and a judgment of the Municipal Court of the city of Rew Tork, eleventh district, borough of Manhattan, in favor of the defendant.
1Opinion of the CourtO’Gorman, J.
A justice of the Municipal Court has no power
to grant a new trial upon the ground of newly-discovered evidence. De Lemos v. Cohen, 28 Misc. Rep. 579. It was, therefore, improper to open the case for the purpose assigned, and *194the judgment 'appealed from must be reversed. The defendant, however, was seriously prejudiced by being required to proceed to trial, originally, before the plaintiff furnished the bill of particulars ordered by the court; and, after a consideration of the entire record, we are of the opinion that the ends of justice will be promoted by a new trial.
Judgment appealed from…
2Cases cited1 opinion
- De Lemos v. CohenAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Erichson v. SidloAppellate Division of the Supreme Court of the State of New York · 1902
- Erichson v. SidloAppellate Division of the Supreme Court of the State of New York · 1902