Dojahn v. Schomaker

119 A.D. 878, 103 N.Y.S. 1123

Opinion

Counsel for the respondent concedes in his brief that testimony which seems vital to support the judgment is not included in the minutes. Under these circumstances, and in view of the history of this case, we deem it best to reverse the judgment. Judgment of the Municipal Court ,reversed¡ without costs, and new trial ordered. Hirschberg, P. J., Woodward, Jenks, Rich and Miller, JJ., concurred.