Opinion
March 15, 1951.
Appeal from Supreme Court, Chenango County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
The alleged newly discovered evidence was clearly within the possession of the defendant and available to it during the pendency of the action and could have been discovered in the exercise of due diligence. Furthermore it is extremely doubtful that such evidence, if admitted, would in any way change the result. Order unanimously affirmed, with $10 costs and printing disbursements.