Motion granted; judgment reversed on the law, without costs, and a new trial granted.
The findings of fact made by the Referee have not been considered. It appears that no stenographer was present at the trial and that the Referee's penciled notes constitute the only record of the testimony adduced. The Referee has died, and a search of his files has failed to produce any of his notes or other record of the testimony of the trial. Under the circumstances a new trial...
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