Appellate Terms of the Supreme Court of New York, 1913

Lack v. Watts

Appellate Terms of the Supreme Court of New York · Decided February 14, 1913

140 N.Y.S. 126 (New York Supplement)

Counsel

JKellogg & Rose, of New York City (Asa B. Kellogg, of New Yon City, of counsel), for appellant., Mortimer W. Solomon, of New York City. (Harry A. Gordon, oi New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

Under the peculiar circumstances of this case, we think that the Special Term of the City Court should have taken the testimony of the witnesses under oath in open court when they could have been cross-examined, or should have sent the matter to a referee to hear- and determine and report.

The order is therefore modified by directing that the court below take the oral testimony of such witnesses as may be offered by either party or that a reference be ordered, and, as so modified, affirmed without costs of this appeal to either party.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.