R. B. DAVIS CO. v. ROSENFELD.
(Supreme Court, Appellate Term.
April 8, 1911.)
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the R. B. Davis Company against Harris Rosenfeld. From a judgment in the Municipal Court of the City of New York in favor of defendant, plaintiff appeals. Reversed, and new trial granted.
Baggott & Ryall, for appellant.
Henry D. Levy, for respondent.
[MAJORITY — BIJUR, J.]
BIJUR, J.
The record in this case is so meager and incomplete as to make it impossible to understand on what the judgment was predicated. From the record as it stands, it would seem that there was no defense at all proved. We have no alternative but to reverse the judgment and grant a new trial, with costs to appellant to abide the event. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.