Majority
p. 1148TOTOIAN v. HARPOOTLIAN et al. (Supreme Court, Appellate Term. April 8, 1910.)
Headnote
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Bedros Totoian against Mihran H. Harpootlian and another. Judgment for plaintiff, and defendants appeal.Reversed, and new trial ordered.
George S. ICebabian (James M. Gorman, of counsel), for appellants.
Julius H. Zieser, for respondent.
The record in this case discloses a mass of contradictory testimony. It is impossible to determine the rights of the parties from an examination of the present record. We think that justice requires a new trial. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.