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MASTER WATERPROOFERS v. AUSEREHL & SON CONTR. CORP.

33 Misc.2d 440 (1961)

Master Waterproofers, Inc., Respondent, v. Auserehl & Son Contracting Corp., Appellant.

Supreme Court, Appellate Term, First Department.

April 6, 1961

Attorney(s) appearing for the Case

Eli N. Horin for appellant. Julius Haimowitz for respondent.

Concur — HECHT, J. P., HOFSTADTER and GOLD, JJ.

Per Curiam.

Appellant's proposed case contains all of the evidence, exhibits and other matter necessary or material to a determination of the sole question of law to be raised upon the appeal. It was, therefore, error to require the inclusion in the case on appeal of all the testimony taken during a five-day trial.

The order should be reversed, with $10 costs and disbursements, and motion granted.

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