
    Victor Rivera, Respondent, v. Rumax Reality Corporation, Appellant.
    First Department,
    February 17, 1939.
    
      Robert E. Perm of counsel [Joseph E. Greenberg, attorney], for the appellant.
    
      Mark L. Giller, for the respondent.
   Per Curiam.

Upon the newly-discovered evidence of the president and bookkeeper of the plaintiff’s employer that the plaintiff was at work at the time of the alleged accident and for a considerable time thereafter, the motion for a new trial should have been granted.

The determination of the Appellate Term and the judgment and order of the Municipal Court should be reversed and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.

Present — Martin, P. J., Townley, Glennon, TJntermyer and Cohn, JJ.

Determination of the Appellate Term and judgment and order of the Municipal Court unanimously reversed, and the motion for a new trial granted, with costs to the appellant in all courts to abide the event.  