Berube v. Castle , 195 A.D. 901 ( 1921 )

Judgment reversed and new trial granted, with costs to appellant to abide the event. Upon the record presented to this court the interests of justice require that this judgment and the findings of fact and conclusions of law upon which it is based be reversed and set aside upon the ground that plaintiff was not given a fair trial of the issues presented by the pleadings. Jenks, P. J., Mills, Putnam, Kelly and Jaycox, JJ., concur.