Appellant’s proposed case contains all of the evidence, exhibits and other matter necessary or material to a determination of the sole question of law to be raised upon the *441appeal. It was, therefore, error to require the inclusion in the-case on appeal of all the testimony taken during, a five-day trial.
The order should be reversed, with $10 costs and disbursements, and motion granted.
Concur — Hecht, J. P., IIofstadter and Gold, JJ.
Order reversed, etc.