Osterman v. Goldstein , 55 N.Y.S. 1005 ( 1899 )

O’Dwyer, J.

It was error for the learned trial judge over the objection and exception of the defendants, to permit the plaintiff to read from an affidavit of one of the defendants, not offered in evidence.

The judgment and order appealed from must be reversed and a new trial ordered, with costs to the appellants to abide event.

McCabthy, J., concurs.

Judgment reversed and new trial ordered- with costs to appellants to abide event.