City of New York Municipal Court, 1899

Osterman v. Goldstein

Osterman v. Goldstein
City of New York Municipal Court · Decided January 15, 1899 · Dwyer
26 Misc. 847; 55 N.Y.S. 1005

Counsel

Max D. Steuer and A. S. Levy, for appellants., Myers, Goldsmith & Bronner (Leonard Bronner, of counsel), for respondent.

Osterman v. Goldstein

Opinion of the Court

O’Dwyer, J.

It was error for the learned trial judge 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.

McCabthy, J., concurs.

Judgment reversed and new trial ordered- with costs to appellants to abide event.

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