Appellate Division of the Supreme Court of New York, 1956

Morello v. Brookfield Construction Co.

Morello v. Brookfield Construction Co.
Appellate Division of the Supreme Court of New York · Decided October 30, 1956
2 A.D.2d 849; 156 N.Y.S.2d 163; 1956 N.Y. App. Div. LEXIS 4109
Morello v. Brookfield Construction Co.

Opinion of the Court

The Trial Justice questioned witnesses to such an extent that counsel were embarrassed in the representation of their clients. However, his participation was manifestly animated by a desire to present a full and fair presentation of all issues to the jury. His charge to the jury was comprehensive, fair and clear. While such excessive participation in the trial processes by a presiding judge is to be discouraged, appellant in this instance was not prejudiced. Judgment unanimously affirmed, with costs. Concur — Peck, P. J., Botein, Rabin, Cox and Valente, JJ.

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