Appellate Division of the Supreme Court of New York, 1955

Boasberg v. Munson

Boasberg v. Munson
Appellate Division of the Supreme Court of New York · Decided April 13, 1955
285 A.D. 1113; 140 N.Y.S.2d 192; 1955 N.Y. App. Div. LEXIS 6795
Boasberg v. Munson

Opinion of the Court

Motion granted to the extent of striking out paragraphs 7 and 8 and that portion of paragraph 9 to which the objection is directed by the motion; motion insofar as it seeks to strike from the return respondent’s Exhibit A ”, being a transcript of the testimony taken upon the trial, denied. Memorandum: We feel that we may consider the evidence in the case insofar as it bears upon the charge made and whether or not the charge as made justifies a general exception thereto.

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