Appellate Division of the Supreme Court of the State of New York December 15, 1928 (Nordmark v. City of New York)

Order granting motion for a new trial upon the ground of newly-discovered evidence unanimously affirmed, with costs.. In so far as concerns the point of the appellant that the motion was not based upon a ease made and settled as required by rule 221 of the Rules of Civil Practice, we are of opinion that the appellant waived it. (Russell v. Randall, 123 N. Y. 436.