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26 Misc. 847

Osterman v. Goldstein

City of New York Municipal Court

Decided January 15, 1899

City of New York Municipal Court · decided 1899-01-15

<p>Appeal from a judgment entered on a verdict directed by the court.</p>

Decided 1899-01-15

O’Dwyer, J.

¶1It 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.

¶2The judgment and order appealed from must be reversed and a new trial ordered, with costs to the appellants to abide event.

¶3McCabthy, J., concurs.

¶4Judgment reversed and new trial ordered- with costs to appellants to abide event.

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