Sheingold v. Baer — 138 N.Y.S. 1142

Majority

p. 1142

SHEINGOLD v. BAER.

(Supreme Court, Appellate Term, Second Department.

March, 1912.)

Headnote

Appeal from Municipal Court, Borough of Brooklyn, Third District. Action by Samuel Sheingold against Alfred Baer. From an order denying defendant’s motion for a new trial on the ground of fraud and newly discovered evidence, defendant appeals. Reversed, and motion for new trial granted. See, also, 145 App. Div. 943 , 130 N. Y. Supp. 1131 .

Edwin M. Otterbourg, of New York City, for appellant.

Reuben Stone, of Brooklyn, for respondent.

Without expressing an opinion of the right of the plaintiff to recover, we conclude, after a careful consideration of the record presented on this appeal, that justice inquires that there should be a new trial of this action. Order reversed, with $10 costs to appellant to abide the event, and motion for a new trial granted, without costs.