L. M. Booth Co. v. People's Ice & Fuel Co.
This text of 92 Misc. 433 (L. M. Booth Co. v. People's Ice & Fuel Co.) 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
It is uncontradioted that during the trial of this action the trial judge was absent for a half hour or more during the reading of documentary evidence and during the greater part of the time that counsel were engaged in summing up to the jury. While no objection to such absence'was made by either counsel, we are of the opinion that there has been no trial of the action before a court and jury as is required by orderly course of procedure.
The order will, therefore, be reversed, the judgment vacated and a new trial ordered, with ten dollars costs and disbursements to appellant to abide the event.
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Cite This Page — Counsel Stack
92 Misc. 433, 156 N.Y.S. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-m-booth-co-v-peoples-ice-fuel-co-nyappterm-1915.