Sutherland v. Williams

Appellate Division of the Supreme Court of New York

Sutherland v. Williams

257 A.D. 921, 12 N.Y.S.2d 1012, 1939 N.Y. App. Div. LEXIS 8405

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1939·Published

Opinion

Judgment and orders affirmed, with costs. Memorandum: The verdict is supported by the evidence. The motion for a new trial on the ground of newly-discovered evidence was properly denied. Eliminating from consideration the testimony of the witness whom defendant claims to be able to impeach on a new trial, the evidence would still support the verdict. All concur. (The judgment is for plaintiff in an automobile negligence action. One order denies a motion for a new trial on the minutes, and the other order denies a motion for a new trial on the ground of newly-discovered evidence relative to a criminal record of one of plaintiff’s witnesses.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Judgment and orders affirmed, with costs. Memorandum: The verdict is supported by the evidence. The motion for a new trial on the ground of newly-discovered evidence was properly denied. Eliminating from consideration the testimony of the witness whom defendant claims to be able to impeach on a new trial, the evidence would still support the verdict. All concur. (The judgment is for plaintiff in an automobile negligence action. One order denies a motion for a new trial on the minutes, and the other order denies a motion for a new trial on the ground of newly-discovered evidence relative to a criminal record of one of plaintiff’s witnesses.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

Sutherland v. Williams, 257 A.D. 921, 12 N.Y.S.2d 1012, 1939 N.Y. App. Div. LEXIS 8405 (N.Y. Ct. App. 1939).

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