RUSCITTO v. IOVINELLE


70 A.D.2d 712 (1979)

Frank J. Ruscitto, Jr., Respondent, v. Ronald P. Iovinelle, Defendant, and Vincent Giordano, Appellant

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

May 17, 1979


These papers are not included in the record on this appeal and, accordingly, it cannot be determined if the examination before trial submitted upon renewal constituted new evidence or is just cumulative evidence. This record on appeal was certified by counsel for the appellant and, in the absence of a showing of new evidence, there can be no relief upon this appeal. (See Matter of Hooker v Town Bd. of Town of Guilderland, 60 A.D.2d 684

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