TOPOLSKI v. PIETRZYKOWSKI


281 A.D. 1009 (1953)

Helen Topolski, Appellant, v. Mary Pietrzykowski, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 29, 1953.


Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

It appears from the record that this case came on for trial before the Official Referee on August 30, 1950, and that no evidence was taken. It further appears that the Referee dictated a purported stipulation of the facts which neither plaintiff nor her counsel agreed to. The findings of fact, conclusions of law and judgment are not based on any...

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