Gordon v. City of Niagara Falls 69 N.Y.S. 1135

PER CURIAM.

Order denying motion to vacate judgment, and for a new trial on the ground of newly-discovered evidence, reserved, without costs of this appeal, and motion granted, upon payment of all costs and disbursements after notice of trial, including $10 costs of the motion, by the defendant. All concur, except McDENNAN, J., who dissents.