Chorost v. Teitelbaum

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event. As defendant admitted an indebtedness of $18, judgment should not have been entered dismissing plaintiff’s complaint. In view of the confused character of the testimony given upon the trial of this action, we think, in the interests of justice, that, instead of requiring defendant to stipulate for judgment for the sum admitted to be due, with costs, a new trial should be ordered, when, perhaps, the testimony may be presented in a more intelligible manner.