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Appellate Division of the Supreme Court of New York, 1939

Rivera v. Rumax Reality Corp.

Rivera v. Rumax Reality Corp.
Appellate Division of the Supreme Court of New York · Decided February 17, 1939
256 A.D. 277; 9 N.Y.S.2d 880

Counsel

Robert E. Perm of counsel [Joseph E. Greenberg, attorney], for the appellant., Mark L. Giller, for the respondent.

Rivera v. Rumax Reality Corp.

Opinion of the Court

Per Curiam.

Upon the newly-discovered evidence of the president and bookkeeper of the plaintiff’s employer that the plaintiff was at work at the time of the alleged accident and for a considerable time thereafter, the motion for a new trial should have been granted.

*278The determination of the Appellate Term and the judgment and order of the Municipal Court should be reversed and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.

Present — Martin, P. J., Townley, Glennon, TJntermyer and Cohn, JJ.

Determination of the Appellate Term and judgment and order of the Municipal Court unanimously reversed, and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.