FLIEGEL v. CITY OF NEW YORK


280 A.D. 898 (1952)

Morris Fliegel, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 29, 1952.


The affidavits of the two proposed witnesses show nothing which would warrant a conclusion that their testimony probably would result in a different verdict. These witnesses came forward in response to advertisements inserted in newspapers after the trial and the adverse verdict. If the order appealed from be affirmed, the plaintiff will be afforded two trials, whereas the advertising, so far as appears, could have been accomplished prior to the trial. Finally there is no...

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