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Kleinert & Rosenbluth, Inc. v. Glucksman

125 N.Y.S. 660 Court N.Y. App. Term Decision date 1910-11-11 English

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p. 660
KLEINERT & ROSENBLUTH, Inc., v. GLUCKSMAN.
(Supreme Cburt, Appellate Term.
November 11, 1910.)

Headnote

Appeal and Erbor (§ 1169*)—Right to Trial.
Where plaintiff was not given a trial or hearing, the judgment dismissing the complaint will be reversed, and a new trial ordered.
[Ed. Note.—For other cases, see Appeal and Error, Dec. Dig. § 1169.*]'
Appeal from Municipal Court, Borough of Manhattan, Sixth District.
Action by Kleinert & Rosenbluth, Incorporated, against Eugene Glucksman. From a judgment dismissing the complaint, plaintiff appeals.
Reversed, and new trial granted.
Argued before SEABURY, • PAGE, and BIJUR, JJ.
Burnham Kalisch, for appellant.
Jacob Friedman, for respondent.

It appears from the record that the plaintiff was not accorded a trial or hearing. Under these circumstances, the judgment is reversed, and a new trial granted, with costs to abide the event.