Howley v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Howley v. Brooklyn & Queens Transit Corp.

263 A.D. 829

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

DecidedDecember 8, 1941

DocketAppeal No. 2

StatusPublished

This text of 263 A.D. 829 (Howley v. Brooklyn & Queens Transit Corp.) 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

Howley v. Brooklyn & Queens Transit Corp., 263 A.D. 829 (N.Y. Ct. App. 1941).

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Opinion

Appeals from an original order denying motion of defendant to vacate the judgment for [original] plaintiff and to grant a new trial on the ground of newly-discovered evidence, dated March 24, 1941, and from such order as resettled, dated May 13, 1941, dismissed, without costs. In the light of the disposition of the appeal from the judgment {ante, p. 828, decided herewith), these appeals are academic. Hagarty, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., concurs, but states that in his opinion there was ample ground for setting aside the verdict on the ground of newly-discovered evidence, if the verdict had not been disposed of otherwise.

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Appeals from an original order denying motion of defendant to vacate the judgment for [original] plaintiff and to grant a new trial on the ground of newly-discovered evidence, dated March 24, 1941, and from such order as resettled, dated May 13, 1941, dismissed, without costs. In the light of the disposition of the appeal from the judgment {ante, p. 828, decided herewith), these appeals are academic. Hagarty, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., concurs, but states that in his opinion there was ample ground for setting aside the verdict on the ground of newly-discovered evidence, if the verdict had not been disposed of otherwise.

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Bluebook (online)

263 A.D. 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howley-v-brooklyn-queens-transit-corp-nyappdiv-1941.