Opinion
June 13, 1952.
Appeal from Supreme Court, Sullivan County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
As far as can be determined from the moving papers, the proposed new evidence consists of conclusions of a witness, rather than facts. The proposed new evidence was available to plaintiffs long before trial and should have been known by them under the circumstances present. There is an utter failure to show that the proposed new evidence was not and could not have been discovered before trial in the exercise of reasonable diligence. There must be some finality to litigation. Order unanimously affirmed, with $10 costs.