Opinion
October 3, 1949.
Present — Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ.
In an action for an adjudication that defendant held certain property in trust for plaintiff, a judgment directing that defendant convey the property to plaintiff and an order denying a motion for a new trial on the ground of newly discovered evidence were affirmed by this court ( ante, p. 714). Both this court ( ante, p. 782) and the Court of Appeals ( 299 N.Y. 798) denied leave to appeal. Defendant now appeals from an order denying her motion for a new trial on the ground that plaintiff testified falsely. Order unanimously affirmed, without costs. No opinion.