ITKIN v. RINGER


12 A.D.2d 732 (1960)

Inez Itkin, Appellant, v. Nathan W. Ringer, Respondent

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

December 8, 1960


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

Memorandum:

The trial court erred in restricting the use of the pretrial testimony of the attending physician. We see no objection to the hypothetical question and answer that were excluded. Moreover, it is impossible to pass upon the rulings of the trial court because of the procedure adopted of reviewing the deposition in chambers without...

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