
    SUPREME COURT, ONONDAGA SPECIAL TERM,
    OCTOBER, 1899.
    Matthias J. Link, Plaintiff, v. Martin T. Mack, Defendant.
    Motion by plaintiff for a new trial upon the ground of newly discovered evidence.
    H. L. Hooker, for motion.
    W. M. Rogers, opposed.
   Hiscock, J.

I think there is sufficient reason for granting the motion of plaintiff, which is done. As a condition of granting such new trial, however, plaintiff will he required to pay to defendant the taxable costs included in his judgment. Keister v. Rankin, 34 App. Div. 288, 292; People v. Holmes, 32 id. 148, 151.

Motion granted.  