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252 A.D. 782

Payne v. Weinstein

Appellate Division of the Supreme Court of the State of New York · decided 1937-10-22

Decided 1937-10-22

¶1Order denying the plaintiffs’ motion for a new trial on the ground

¶2of 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.

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