Ricca v. Brady & Gioe, Inc.

Plaintiff appeals from an order denying his motion for a new trial on the ground of newly discovered evidence, and to set aside the verdict of the jury for the reason that one of defendant’s witnesses testified falsely on the trial. On the argument of this appeal appellant waived all claims of right to a new trial on the ground of newly discovered evidence. Order unanimously affirmed, without costs and without opinion. Present — Close, P. J., Hagarty, Johnston, Lewis and Aldrich, JJ.