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Rosenstein v. New York, New Haven & Hartford Railroad

111 N.Y.S. 718 Court N.Y. App. Term Decision date 1908-06-30 English

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p. 718
ROSENSTEIN v. NEW YORK, N. H. & H. R. CO.
(Supreme Court, Appellate Term.
June 30, 1908.)

Headnote

Appeal and Error—Record—Return.
The orders appealed from, denying motions, being in the record, but the moving papers and the affidavits submitted in support of the motions not being annexed to or forming part of the return, the record will be returned to the lower court for resettlement and correction.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 2830-2833.] -
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by Abraham Rosenstein, by Philip Rosenstein, his guardian ad litem, against the New York, New Haven & Hartford' Railroad Company. Plaintiff had judgment, and defendant appeals. Record returned for resettlement and correction.
Argued before GILDERSDEEVE, P. J., and MacREAN and SEA-BURY, JJ.
William Greenough, for appellant.
. Jacob W. Block, for respondent.

The defendant appeals from the judgment entered against it in favor of the plaintiff, and also brings up for review two orders denying its two motions made that a commission issue to take the testimony of an absent witness. The orders appealed from are in the record, but the moving papers and the affidavits submitted in support of the motions are not annexed to or form part of the return.

The record will therefore be returned to the lower court for resettlement and correction.