Flock v. Kaufman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. . Action by Samuel Flock against Louis Kaufman. There was a verdict for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed.
1Per curiam
The defendant moved for a new trial on the ground of newly discovered evidence and alleged perjury on the part of plaintiff’s assignor. The motion was denied, and the order denying said motion, from which defendant appeals, states that it was denied “on the ground that defendant did not make this motion in five days after the trial of this action.” This particular ground for denying the motion is not tenable (Municipal Court Act, Laws 1902, p. 1563, c. 580, § 255); and, if the defendant has made out a proper case for a new trial, the order must be reversed.
*754The claim of perjury is founded upon…
2Cases cited2 opinions
- Solowye v. HazlettCity of New York Municipal Court · 1901
- Seligman v. SivinAppellate Terms of the Supreme Court of New York · 1904