Dayton Supply Corp. v. Vitt
This text of 259 A.D. 905 (Dayton Supply Corp. v. Vitt) 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.
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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Cite This Page — Counsel Stack
259 A.D. 905, 20 N.Y.S.2d 157, 1940 N.Y. App. Div. LEXIS 7228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dayton-supply-corp-v-vitt-nyappdiv-1940.