Brettauer v. Weiss , 99 N.Y.S. 1135 ( 1906 )

McCALL, J.

The line and method of questioning adopted by the learned court in the examination of the witness Rose Weiss was clearly erroneous, and the effect of same necessarily so prejudicial to defendant that the judgment must be set aside and a net#1 trial ordered, with costs to appellant to abide the event.

GILDERSLEEVE, J., concurs. LEVEN-TRITT, J., concurs in result.