Hyperlawhypertext legal database Osterman v. Goldstein 55 N.Y.S. 1005

← Cases

Osterman v. Goldstein

55 N.Y.S. 1005 Court N.Y. City Ct. Decision date 1899-01-18 English

Delivered by O’DWYER, J.

Contents

Majority

p. 1005
OSTERMAN v. GOLDSTEIN et al.
(City Court of New York, General Term.
January 18, 1899.)

Headnote

Evidence.
To permit plaintiff, over objection, to read from an affidavit of defendant not offered in evidence, is error.
Appeal from trial term.
Action by Ascher Osterman against G-ussie Goldstein and others. There was a judgment for plaintiff, and defendants appeal.
Reversed.
Argued before HcCARTHY and O’DWYER, JJ.
Max D. Steuer, for appellants.
Leonard Bronner, for respondent.

It was error for the learned trial justice, over the objection and exception of the defendants, to permit the plaintiff to read from an affidavit of one of the defendants not offered in evidence.

The judgment and order appealed from must be reversed, and a new-trial ordered, with costs to the appellants to abide event. All concur.