Gottlieb v. Fine
This text of 121 N.Y.S. 236 (Gottlieb v. Fine) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The stenographer’s minutes in this case are lost, and the appeal comes before the court upon affidavits, pursuant to section 319 of the Municipal Court act. The affidavits disclose that there was a sharp conflict of testimony upon material facts in the court below. This method of disposing of such a case.upon appeal is unsatisfactory, and we think the interests of justice will be best subserved by ordering a new trial.' Kirsch v. Halbach (December App. Term, not, yet officially reported) 120 N. Y. Supp. 740.
Judgment reversed, and new trial ordered, without costs to either party.
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Cite This Page — Counsel Stack
121 N.Y.S. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottlieb-v-fine-nyappterm-1910.