Payne v. Weinstein

252 A.D. 782, 300 N.Y.S. 705, 1937 N.Y. App. Div. LEXIS 6278

Opinion

Order denying the plaintiffs’ motion for a new trial on the ground

of newly-discovered evidence and surprise reversed on the law and the facts, with costs, and motion granted. We are of opinion that, upon the record of the trial and the additional proof submitted by affidavits, justice requires that a new trial be granted. Hagarty, Carswell, Davis and Taylor, JJ., concur; Adel, J., dissents.