Berger v. Levitt

268 A.D. 886, 50 N.Y.S.2d 780, 1944 N.Y. App. Div. LEXIS 4039

Opinion

Orders affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for denial of the motion for a new trial. (The first order grants defendant’s motion for a new trial on the ground of newly discovered evidence, and the second order denies plaintiff’s motion for a reargument or, in the alternative, for a rehearing by virtue of new facts, in an action to recover money loaned.) Present — Cunningham, P. J., Taylor, Dowling, Harris and MeCtirn, JJ.