Hamburger v. Lipschitz ( 1908 )

PER CURIAM.

The court denied a motion for a new trial, made on the ground of newly discovered evidence. The motion was not made upon a case settled, as required by the rules of practice, and cannot, therefore, be reviewed by this court: Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205.

The appeal is dismissed, but, under the circumstances, without costs.