Starr v. Heiden

220 A.D. 782 Court N.Y. App. Div. English

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Majority

p. 782

Essie Cohn Starr, Appellant, v. David Heiden, Respondent.

Order reversed on the law and the facts, and new trial granted, costs to abide the event. We think

p. 783

that the newly-discovered evidence of the driver of the bus in question is important and material, and would have a tendency to change the result. We also think that plaintiff used due diligence before the trial to obtain this evidence. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.