Rice v. Viemeister

22 A.D.2d 751 Court N.Y. App. Div. Decision date 1964-10-22 English

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Majority

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Margaret I. Rice, Respondent, v. Edmund H. Viemeister, Appellant.

Motion of appellant to vacate the judgment and grant a new trial is granted. It appears without contradiction that the stenographer has lost

p. 752

a material portion of the trial minutes and that an adequate appellate review may not be had. (See Waterman, v. State of New York, 13 A D 2d 619 and cases there cited.)