Berger v. Levitt

Orders affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for denial of the motion for a new trial. (The first order grants defendant’s motion for a new trial on the ground of newly discovered evidence, and the second order denies plaintiff’s motion for a reargument or, in the alternative, for a rehearing by virtue of new facts, in an action to recover money loaned.) Present — Cunningham, P. J., Taylor, Dowling, Harris and MeCtirn, JJ.