Esposito v. Herrschaft

Motion by appellants to reverse a judgment of the County Court, Suffolk County, entered January 23, 1961, after a non jury trial before a Referee to whom the action was referred to hear and determine, in favor of appellants on the second cause of action and dismissing the first cause of action; and for a new trial. Appellants make the motion on the ground that a proper record is unavailable and, hence, they are prevented from prosecuting their appeal. 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…