Lack v. Watts

Appellate Terms of the Supreme Court of New York

Decided February 14, 1913

Appellate Terms of the Supreme Court of New York · decided 1913-02-14

Action by Harry Lack against Stephen K. Watts, impleaded with David M. Ingber and Jacob Verlit, doing business as copartners under the firm name and style of Ingber & Co., and Minnie K. Brown. From an order of the City Court of the city of New York denying his motion for an order vacating and setting aside the service of the summons and complaint and vacating the judgment entered thereon, defendant Stephen IC. Watts appeals. .Modified and affirmed.

Decided 1913-02-14

PER CURIAM.

¶1Under 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.

¶2The 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.