Saffian v. Netter

In view of the long period in which the action was pending, there is no satisfactory proof that the facts alleged as newly discovered evidence could not have been discovered during the years the ease was pending. Moreover, if the alleged newly discovered evidence had been produced, it is not reasonably likely that it would have changed the result. Order unanimously affirmed. Judgment unanimously affirmed, with costs. Present — Peck, P. J., Dore, Cohn, Breitel and Bastow, JJ.