Order reversed, without costs of this appeal to either party, and motion granted, without costs.
Memorandum:
We do not condone the gross negligence of plaintiff's attorney of record for his delay of more than eight months in making the motion for a new trial upon the ground of evidence discovered after the case had been submitted to the jury and before it returned a verdict. The test to be applied is not, as suggested by the attorney, whether the delay has...
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