Rice v. Viemeister

Full title: MARGARET I. RICE, Respondent, v. EDMUND H. VIEMEISTER, Appellant

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

Date published: Oct 22, 1964

22 A.D.2d 751 (N.Y. App. Div. 1964)

Opinion

October 22, 1964

Motion of appellant to vacate the judgment and grant a new trial is granted. It appears without contradiction that the stenographer has lost a material portion of the trial minutes and that an adequate appellate review may not be had. (See Waterman v. State of New York, 13 A.D.2d 619 and cases there cited.)