No New Trial for Tenant

LVT Number: 9376

Landlord got a judgment against tenant, and tenant didn't appeal it. But, seven months later, tenant asked the court for a new trial, claiming he had newly discovered evidence that would change the outcome of the case. The court refused tenant's request, and he appealed. The appeals court upheld the lower court's ruling. The alleged newly discovered evidence wasn't enough to warrant a new trial.

Landlord got a judgment against tenant, and tenant didn't appeal it. But, seven months later, tenant asked the court for a new trial, claiming he had newly discovered evidence that would change the outcome of the case. The court refused tenant's request, and he appealed. The appeals court upheld the lower court's ruling. The alleged newly discovered evidence wasn't enough to warrant a new trial.

Cannon Point North, Inc. v. Maule: NYLJ, p. 30, col. 4 (12/7/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)