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Kuder v. Mary

156 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1916-01-14 English

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p. 1129
KUDER v. MARY.
(Supreme Court, Appellate Division, First Department.
January 14, 1916.)

Headnote

Appeal from Appellate Term, First Department. Action by John H. Kuder against Arthur Mary. From a determination of the Appellate Term ( 155 N. Y. Supp. 305 ), reversing an order granting defendant’s motion for a new trial upon newly discovered evidence, and reinstating the judgment originally rendered in favor of plaintiff, defendant appeals. Affirmed.

We think that the moving affidavit was insufficient to establish a case for a new trial on the ground of newly discovered evidence; and for that reason, without passing upon the question of the necessity of making a case, the determination appealed from should be affirmed, with $10 costs and disbursements. Order filed.