Opinion
October, 1899.
Louis H. Levin, for appellant.
L.G. W.A. Goodhart, for respondent.
The record containing no proof of the residence of the defendant, and the judgment having been assailed upon that ground, under the recent decisions of this court (Tyroler v. Gummersbach, 28 Misc. 151) the judgment must be reversed and a new trial ordered, with costs to the appellant to abide the event.
Present: FREEDMAN, P.J.; MacLEAN and LEVENTRITT, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.