Caspary v. Bardong

Amended order denying defendants’ motion for a new trial on the ground of newly-discovered evidence unanimously affirmed, with costs. The motion papers fail to show that any effort was made, prior to the trial, to ascertain where plaintiff was employed. The so-called newly-discovered evidence was available long before the trial and could have been obtained by the exercise of reasonable diligence. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ.