Opinion
June 21, 1951.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GENUNG, J.
Harold Weiss and Leo Moskowitz for appellant.
William L. Shumate for respondent.
A witness who is present in or just outside the courtroom may be required to testify notwithstanding the fact that he was not served with a subpoena.
The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.
HOFSTADTER, EDER and SCHREIBER, JJ., concur.
Judgment reversed, etc.