← Cases

Dojahn v. Schomaker

119 A.D. 878 Court N.Y. App. Div. English

Contents

Majority

p. 878
Frank Dojahn, Respondent, v. Herman Schomaker, Appellant.

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.