Opinion
April 6, 1961
Appeal from the City Court of the City of New York, County of New York, BEATRICE K. CASS, J.
Eli N. Horin for appellant.
Julius Haimowitz for respondent.
Appellant's proposed case contains all of the evidence, exhibits and other matter necessary or material to a determination of the sole question of law to be raised upon the appeal. It was, therefore, error to require the inclusion in the case on appeal of all the testimony taken during a five-day trial.
The order should be reversed, with $10 costs and disbursements, and motion granted.
Concur — HECHT, J.P., HOFSTADTER and GOLD, JJ.
Order reversed, etc.