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Berger v. Levitt

268 A.D. 886 Court N.Y. App. Div. Decision date 1944-10-04 English

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Majority

p. 886
Sam Berger, Appellant, v. David D. Levitt, Respondent.

Orders affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for denial of the motion for a new trial. (The first order grants defendant’s motion for a new trial on the ground of newly discovered evidence, and the second order denies plaintiff’s motion for a reargument or, in the alternative, for a rehearing by virtue of new facts, in an action to recover money loaned.) Present — Cunningham, P. J., Taylor, Dowling, Harris and MeCtirn, JJ.