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Rein v. Zwebelson

116 N.Y.S. 1145 Court N.Y. App. Term Decision date 1909-05-07 English

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p. 1145
REIN v. ZWEBELSON.
(Supreme Court, Appellate Term.
May 7, 1909.)

Headnote

Appeal from Blunicipal Court, Borough of Manhattan, Second District. Action by Caspar Rein against Mollie Zwebelson. From a judgment for plaintiff, and from an order denying a motion for a new trial on the ground of perjury, fraud, and newly discovered evidence, defendant appeals. Reversed, and new trial ordered. Herman Hoffman, for appellant. Lester W. Eisenberg, for respondent.

The order denying the motion for a new trial is affirmed, with $10 costs to the respondent. The record discloses a situation that induces us to believe that the interests of justice will be best subserved by granting a new trial. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.