Prather v. Barrett

173 A.D. 918

Opinion

—Order reversed, with costs, and motion denied, with costs. Held, that the plaintiff did not make out a case to authorize the granting of a new trial on the o ground of newly-discovered evidence in that he failed to show that he exercised due diligence in producing the testimony which he now claims is material. All concurred, Kruse, P. J., in result only.