
    KUDER v. MARY.
    (Supreme Court, Appellate Division, First Department.
    January 14, 1916.)
    Appeal from Appellate Term, First Department. Action by John H. Kuder against Arthur Mary. From a determination of the Appellate Term (155 N. Y. Supp. 305), reversing an order granting defendant’s motion for a new trial upon newly discovered evidence, and reinstating the judgment originally rendered in favor of plaintiff, defendant appeals. Affirmed.
   PER CURIAM.

We think that the moving affidavit was insufficient to establish a case for a new trial on the ground of newly discovered evidence; and for that reason, without passing upon the question of the necessity of making a case, the determination appealed from should be affirmed, with $10 costs and disbursements. Order filed.  