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Brettauer v. Weiss

99 N.Y.S. 1135 Court N.Y. App. Term Decision date 1906-06-28 English

Delivered by McCALL, J.

Contents

Majority

p. 1135
BRETTAUER, Respondent, v. WEISS, Appellant.
(Supreme Court, Appellate Term.
June 28, 1906.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fourteenth District. Action by Joseph Brettauer against Leopold Weiss. From a judgment for plaintiff, defendant appeals.
Reversed, and new trial ordered.
L. Kronfeld, for appellant.
Frank & Lederer, for respondent.

The line and method of questioning adopted by the learned court in the examination of the witness Rose Weiss was clearly erroneous, and the effect of same necessarily so prejudicial to defendant that the judgment must be set aside and a net#1 trial ordered, with costs to appellant to abide the event.

GILDERSLEEVE, J., concurs. LEVEN-TRITT, J., concurs in result.