Dayton Supply Corp. v. Vitt

Appellate Division of the Supreme Court of New York

Dayton Supply Corp. v. Vitt

259 A.D. 905, 20 N.Y.S.2d 157, 1940 N.Y. App. Div. LEXIS 7228

Appellate Division of the Supreme Court of the State of New York·Decided May 14, 1940·Published·Cited by 1 cases

Opinion

Action to foreclose two mechanics’ liens, one filed by the plaintiff, a material man, and the other filed by the defendant Schwartz for labor and [906]*906materials. Judgment in favor of the plaintiff Dayton Supply Corporation and defendant Schwartz, and order denying motion of appellants for a new trial on the ground of newly-discovered evidence, unanimously affirmed, with costs. The testimony upon which the motion for a new trial is based is not available to private litigants. (Lewis v. Roux Trucking Corporation, 222 App. Div. 204: Semple v. County Trust Co., 255 id. 794.) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Action to foreclose two mechanics’ liens, one filed by the plaintiff, a material man, and the other filed by the defendant Schwartz for labor and [906]*906materials. Judgment in favor of the plaintiff Dayton Supply Corporation and defendant Schwartz, and order denying motion of appellants for a new trial on the ground of newly-discovered evidence, unanimously affirmed, with costs. The testimony upon which the motion for a new trial is based is not available to private litigants. (Lewis v. Roux Trucking Corporation, 222 App. Div. 204: Semple v. County Trust Co., 255 id. 794.) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

Dayton Supply Corp. v. Vitt, 259 A.D. 905, 20 N.Y.S.2d 157, 1940 N.Y. App. Div. LEXIS 7228 (N.Y. Ct. App. 1940).

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