Hyperlawhypertext legal database Link v. Mack 64 N.Y.S. 1140

← Cases

Link v. Mack

64 N.Y.S. 1140 Court N.Y. Sup. Ct. English

Delivered by HISCOCK, J.

Contents

Majority

p. 1140
LINK v. MACK.
(Supreme Court, Special Term, Onondaga County.
October, 1899.)

Headnote

Action by Matthias J. Link against Martin T. Mack. Motion by plaintiff for a new trial upon the ground of newly-discovered evidence.
See 56 N. Y. Supp. 115 .
H. L. Hooker, for the motion. W. M. Rogers, opposed.

I think there is sufficient rea"son for granting the motion of plaintiff, which is done. As a condition of granting such new trial, however, plaintiff will be required to pay to defendant the taxable costs included in his judgment. Keister v. Rankin, 34 App. Div. 288 , 292, 54 N. Y. Supp. 274 ; People v. Holmes, 32 App. Div. 148 , 151, 52 N. Y. Supp. 939 . Motion granted.