Bennett v. Vogel

Appellate Division of the Supreme Court of New York

Bennett v. Vogel

260 A.D. 962, 24 N.Y.S.2d 158, 1940 N.Y. App. Div. LEXIS 5622

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1940·Published

Opinion

Appeal by the defendants Leonora B. Vogel and Joseph Minch from an order of the Albany Special Term of Supreme Court denying a motion for a new trial on the ground of newly-discovered evidence. This case was originally tried at some length before an official referee. The judgment entered upon his decision was appealed from to this court and affirmed. [258 App. Div. 842.] The Special Term has held that the evidence 'said to be newly discovered was available at the original trial and with, reasonable diligeuee could have been then presented; also that the appealing defendants were guilty of laches. Order appealed from unanimously affirmed, with costs. Present — • Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.

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Appeal by the defendants Leonora B. Vogel and Joseph Minch from an order of the Albany Special Term of Supreme Court denying a motion for a new trial on the ground of newly-discovered evidence. This case was originally tried at some length before an official referee. The judgment entered upon his decision was appealed from to this court and affirmed. [258 App. Div. 842.] The Special Term has held that the evidence 'said to be newly discovered was available at the original trial and with, reasonable diligeuee could have been then presented; also that the appealing defendants were guilty of laches. Order appealed from unanimously affirmed, with costs. Present — • Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.

Bennett v. Vogel, 260 A.D. 962, 24 N.Y.S.2d 158, 1940 N.Y. App. Div. LEXIS 5622 (N.Y. Ct. App. 1940).

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260 A.D. 962 (Bennett v. Vogel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.