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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1940

StatusPublished

This text of 260 A.D. 962 (Bennett v. Vogel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

260 A.D. 962, 24 N.Y.S.2d 158, 1940 N.Y. App. Div. LEXIS 5622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-vogel-nyappdiv-1940.