Gelb v. Cuff
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a portion of an order made by the justice of the • Municipal Court of the city of Yew York, twelfth district, borough of Manhattan, granting defendant’s motion.
1Opinion of the CourtGreenbaum, J.
It is not disputed but that the facts set forth in the affidavits of the defendant, upon his motion that the judgment theretofore entered against him be set aside and a new trial granted, on the ground of newly-discovered! evidence, warranted the exercise of the power of the justice in favor of the defendant.
It is, therefore, only necessary to consider the power of the justice to impose, in addition to the payment by defendant of ten dollars costs, and that the judgment entered stand as security, the condition that defendant consent “ in writing that William Bianchi, at plaintiff’s election,…
2Cases cited1 opinion
- Schwartz v. SchendelAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Sutton v. BaylesAppellate Terms of the Supreme Court of New York · 1911