Legal Opinion
Kuder v. Mary
Appellate Terms of the Supreme Court of New York
Decided November 3, 1915Published
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by John PI. Kuder against Arthur Mary. From an order granting defendant a new trial on the ground of newly discovered evidence, plaintiff appeals. Order reversed, and judgment reinstated.
1Opinion of the CourtBijur, J.
As the order appealed from was granted upon affidavits without a case settled, it is reversed, with $10 costs, upon the authority of Rubin v. Friedman, 69 Misc. Rep. 328, 125 N. Y. Supp. 546, and Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, and judgment reinstated. All concur.
2Cases cited2 opinions
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Rubin v. FriedmanAppellate Terms of the Supreme Court of New York · 1910