Rivera v. Rumax Reality Corp. — 256 A.D. 277

Majority

p. 277

Victor Rivera, Respondent, v. Rumax Reality Corporation, Appellant.

First Department,

February 17, 1939.

Robert E. Perm of counsel [Joseph E. Greenberg, attorney], for the appellant.

Mark L. Giller, for the respondent.

Upon the newly-discovered evidence of the president and bookkeeper of the plaintiff’s employer that the plaintiff was at work at the time of the alleged accident and for a considerable time thereafter, the motion for a new trial should have been granted.

p. 278

The determination of the Appellate Term and the judgment and order of the Municipal Court should be reversed and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.

Present — Martin, P. J., Townley, Glennon, TJntermyer and Cohn, JJ.

Determination of the Appellate Term and judgment and order of the Municipal Court unanimously reversed, and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.