Appellate Division of the Supreme Court of New York, 1938

Kaminsky v. American Newspapers, Inc.

Kaminsky v. American Newspapers, Inc.
Appellate Division of the Supreme Court of New York · Decided November 28, 1938
255 A.D. 882; 7 N.Y.S.2d 986; 1938 N.Y. App. Div. LEXIS 5749
Kaminsky v. American Newspapers, Inc.

Opinion of the Court

Action for libel. Judgment in favor of the defendant, entered upon the verdict of a jury, reversed on the facts and a new trial granted, with costs to appellant to abide the event, upon the ground that the trial justice unduly participated in the cross-examination of the plaintiff and his witnesses, and his inquiries, by their prejudicial tenor, coupled with many prejudicial comments, deprived the plaintiff of a fair trial. Lazansky, P. J., Davis, Johnston, Adel and Close, JJ., concur.

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