Rhodes v. Union Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Margaret A. Rhodes against the Union Railway Company. From an order granting a motion to set aside a verdict entered in favor of defendant, and ordering a new trial on the ground of newly discovered evidence, defendant appeals. Order reversed, and judgment reinstated.
1Per curiam
The order appealed from was made upon a motion pursuant to section 255 of the Municipal Court act (Laws 1902, p. 1563, c. 580), upon the pleadings, a portion of the testimony, and affidavits, on the ground of newly discovered evidence, and because of fraud. Under the decision of this court in Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, the order of the court below, not having been made upon a case settled, was improper, and therefore should be reversed, and the judgment reinstated.
Order reversed, with costs, and judgment reinstated.
2Cases cited1 opinion
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Landes v. SallinAppellate Terms of the Supreme Court of New York · 1914