Opinion
May 23, 1949.
Present — Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ. [See 276 App. Div. 784.]
Action to determine title to real property pursuant to article 15 of the Real Property Law. Defendant appeals from a judgment, entered on the decision of an Official Referee, from orders denying motions to reopen the trial to introduce newly discovered evidence, and from an order denying a motion to vacate the judgment and for a new trial or, in the alternative, to amend the decision of the Official Referee. Judgment for plaintiff unanimously affirmed, with costs. Order entered December 30, 1948, on reargument, denying motion to reopen the trial to introduce newly discovered evidence, unanimously affirmed, without costs. Order entered March 31, 1949, denying motion to vacate the judgment and for a new trial, or to amend decision, unanimously affirmed, without costs. Appeal from original order of October 27, 1948, denying motion to reopen the trial to introduce newly discovered evidence dismissed, without costs. That order was superseded by the order entered after reargument.