Appellate Division of the Supreme Court of New York, 1935

Fabian v. Schenectady Rapid Transit, Inc.

Fabian v. Schenectady Rapid Transit, Inc.
Appellate Division of the Supreme Court of New York · Decided June 15, 1935
245 A.D. 791
Fabian v. Schenectady Rapid Transit, Inc.

Opinion of the Court

Appeal by defendant from an order denying its motion for a new trial on the ground of newly-discovered evidence. There is nothing in the newly-discovered evidence which would justify the conclusion that it would change the result if a new trial were granted. The same judge who presided at the trial heard the motion for a new trial and denied the application. The order appealed from is discretionary and should be affirmed. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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