Opinion
Submitted January 8, 1940
Decided January 23, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, SCHIRICK, J.
Thomas A. Cookingham for motion.
John L. Crandall opposed.
Motion denied, with ten dollars costs and necessary printing disbursements. We do not pass upon the question whether new matter stated in the affidavits might form the basis for a motion for a new trial on newly-discovered evidence.