Prager v. Borden's Condensed Milk Co.
This text of 34 Misc. 193 (Prager v. Borden's Condensed Milk Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A justice of the Municipal Court has no power
to grant a new trial upon the ground of newly-discovered evidence. De Lemos v. Cohen, 28 Misc. Rep. 579. It was, therefore, improper to open the case for the purpose assigned, and [194]*194the judgment 'appealed from must be reversed. The defendant, however, was seriously prejudiced by being required to proceed to trial, originally, before the plaintiff furnished the bill of particulars ordered by the court; and, after a consideration of the entire record, we are of the opinion that the ends of justice will be promoted by a new trial.
Judgment appealed from reversed and new trial ordered, without costs to either party.
Andrews, P. J., and Blanchard, J., concur.
Judgment reversed and new trial ordered, without costs.
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Cite This Page — Counsel Stack
34 Misc. 193, 68 N.Y.S. 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prager-v-bordens-condensed-milk-co-nyappterm-1901.