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Howson v. Marlene Blouse Corp.

200 Misc. 242 Court Supreme Court, Appellate Term, First Department, Decision date 1951-06-21 English

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p. 242
Eliza Howson, Appellant, v. Marlene Blouse Corp., Respondent, et al., Defendants.
Supreme Court, Appellate Term, First Department,
June 21, 1951.
Harold Weiss and Leo Moskowits for appellant.
William L. Shumate for respondent.

A witness who is present in or just outside the courtroom may be required to testify notwithstanding the fact that he was not served with a subpoena.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Hoestadteb, Edeb and Schbeibee, JJ., concur.

Judgment reversed, etc.