Summary
holding that appeal could proceed on record reconstructed by parties with the aid of the judge after court reporter died
Summary of this case from Bradley v. Hazard TechnologyOpinion
May 29, 1950.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
The trial stenographer having died, the parties may make a record on appeal from the testimony of witnesses, as disclosed by affidavits or otherwise, and the judgment roll, and settle the record on appeal before the Trial Justice, with the aid of his minutes. (See 6 Carmody on New York Practice, § 256, p. 201, and Walker v. Baermann, 44 App. Div. 587.)