Opinion
April 5, 1962
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BERNARD WEISS, J.
Rosenfeld Silverman ( Sidney B. Silverman of counsel), for appellant.
Bennett I. Schlessel for respondent.
The certificate of the notary public should have been received as presumptive evidence of the facts contained in such certificate. This evidence would have established a prima facie case calling upon the defendant to offer testimony in contradiction thereof. The refusal of the court to receive the document bearing the certificate in evidence was error.
The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.
Concur — HOFSTADTER, J.P., GOLD and CAPOZZOLI, JJ.
Judgment reversed, etc.