Cerrato v. Santugge
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court,. Borough of the Bronx, Second District. Action by Michele Cerrato against James Santugge. Judgment for plaintiff. From an order denying a new trial, defendant appeals.
1Per curiam
The defendant appeals from an order denying his motion for a new trial on the ground of the newly discovered evidence of one Bova. A perusal of the affidavits in support of the motion, *616which are practically uncontradicted in their essential features, seems to indicate that defendant has not been guilty of undue delay in obtaining the newly discovered evidence, which appears to be of a substantial nature, bearing upon the issues in suit in a manner that justifies a belief that, had such evidence been submitted at the trial, the result might have been different.
The main objection is that no…
2Cases cited3 opinions
- Fuller v. United StatesSupreme Court of the United States · 1901
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- James McCreery Realty Corp. v. Equitable National BankCity of New York Municipal Court · 1907
3Cited by1 opinion
- Supreme Lodge K. P. v. MimsCourt of Appeals of Texas · 1914