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HUBRECHT v. TERRASSAULT

12 Misc.2d 55 (1958)

Charles Hubrecht, Appellant, v. Norbert Terrassault, Respondent, et al., Undertenant.

Supreme Court, Appellate Term, First Department.

April 24, 1958.

Attorney(s) appearing for the Case

Gerald J. McMahon and John S. Williamson, Jr., for appellant.

Thomas T. Kilhenny for respondent.

STEUER, J. P., HOFSTADTER and TILZER, JJ., concur.

Per Curiam.

While the record might well justify a final order for the tenant, the Trial Justice evinced throughout such hostility towards the landlord's position that the landlord was not accorded a fair trial to which he is entitled by law. The result may not stand and the interests of justice require a new trial.

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide...

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