Bobowski v. City of New York

Order denying motion for a new trial on the ground of newly discovered evidence is affirmed. A motion for a new trial on the ground of newly discovered evidence may only be made at Special Term and on a settled case, unless *354waived (Russell v. Randall, 123 N. Y. 436; Mclver v. Hallen, 50 App. Div. 441), and this rule applies to a jury case as well as to a nonjury case (Civ. Prac. Act, § 552; Rules Civ. Prac., rule 221; Stoddard v. Stoddard, 37 N. Y. S. 2d 605; Honor v. Housel, 128 App. Div. 801, 804; Schuster v. Tompkins, 180 App. Div. 503; New Amsterdam Cas. Co. v. Beren, 142 Misc. 297). Such…