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Kay v. Kay

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1950
277 App. Div. 797 (N.Y. App. Div. 1950)

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 Technology

Opinion

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.)


Summaries of

Kay v. Kay

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1950
277 App. Div. 797 (N.Y. App. Div. 1950)

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 Technology
Case details for

Kay v. Kay

Case Details

Full title:ABE KAY, Respondent, v. EMILINE KAY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 29, 1950

Citations

277 App. Div. 797 (N.Y. App. Div. 1950)

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