Brunnings v. Bittner , 58 N.Y.S. 364 ( 1899 )

MacLean, J.

All the material allegations in the petition being denied in the answer, and no evidence appearing in the record to support the allegations in the petition and the determination of the justice, the order must be reversed.

Freedman, P. J., and Leventritt, J., concur.

Order reversed and new trial granted, with costs to appellant to abide event.