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Appellate Terms of the Supreme Court of New York, 1908

Rhodes v. Union Railway Co.

Rhodes v. Union Railway Co.
Appellate Terms of the Supreme Court of New York · Decided March 5, 1908
108 N.Y.S. 949 (New York Supplement)

Counsel

James L. Quackenbush (William E. Weaver, of counsel), for appellant., Tierney & Conlon (Frank I. Tierney, of counsel), for respondent.

Rhodes v. Union Railway Co.

Opinion of the Court

PER CURIAM.

The order appealed from was made upon a motion pursuant to section 255 of the Municipal Court act (Laws 1902, p. 1563, c. 580), upon the pleadings, a portion of the testimony, and affidavits, on the ground of newly discovered evidence, and because of fraud. Under the decision of this court in Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, the order of the court below, not having been made upon a case settled, was improper, and therefore should be reversed, and the judgment reinstated.

Order reversed, with costs, and judgment reinstated.

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