NAT'L HOTEL MGMT. CORP. v. SHELTON TOWERS ASSOCS.


111 A.D.2d 154 (1985)

National Hotel Management Corporation et al., Respondents, v. Shelton Towers Associates et al., Appellants, et al., Defendants

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

May 6, 1985


Judgment reversed, on the law and the facts, motion granted, interlocutory judgment vacated, and new trial granted, with costs to abide the event.

The trial court erred in denying appellants' motion, inter alia, for a new trial (see, CPLR 5015 [a] [2]). The evidence submitted in support of the motion, consisting of depositions in another action, which were materially inconsistent with the testimony at trial concerning Norman Groh's ownership of stock...

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