Adams v. Title Guarantee & Trust Co.

On argument, order granting motion for new trial on ground of newly-discovered evidence reversed on the law, without costs, and with taxable disbursements, and without prejudice to respondent to move to resettle order appealed from so as to base motion for new trial either on settled case or minutes of trial justice, or to make a new motion for a new trial on the ground of newly-discovered evidence, as it may be advised. Lazansky, P. J., Young, Seudder, Tompkins and Davis, JJ., concur.