Appellate Division of the Supreme Court of New York, 1951

Armstrong Metal Specialties, Inc. v. McPhail Candy Corp.

Armstrong Metal Specialties, Inc. v. McPhail Candy Corp.
Appellate Division of the Supreme Court of New York · Decided March 15, 1951
278 A.D. 736; 103 N.Y.S.2d 104
Armstrong Metal Specialties, Inc. v. McPhail Candy Corp.

Opinion of the Court

Appeal from an order of the Supreme Court, Chenango County, denying a motion to set aside a default judgment entered against the defendant on the ground of newly discovered evidence. The alleged newly discovered evidence was clearly within- the possession of the defendant and available to it during the pendency of the action and could have been discovered in the exercise of due diligence. Furthermore it is extremely doubtful that such evidence, if admitted, would in any way change the result. Order unanimously affirmed, with $10 costs and printing disbursements. Present — Poster, P. J., Heffernan, Brewster, Deyo and Bergan, JJ.

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