Appellate Division of the Supreme Court of New York, 1962

Novins v. Sklar

Novins v. Sklar
Appellate Division of the Supreme Court of New York · Decided February 26, 1962
15 A.D.2d 822; 225 N.Y.S.2d 329; 1962 N.Y. App. Div. LEXIS 11269
Novins v. Sklar

Opinion of the Court

As disclosed by the record, the trial of this closely contested action was conducted in an atmosphere of bickering and exchanges of bitterness and prejudicial statements between counsel which prevented a dispassionate consideration of the case by the jury (cf. Zaulich y. Thompkms Sq. Co., 10 A D 2d 492, 497-498; Cohon & Co. v. Pennsylvania Coal & Coke Corp., 10 A D 2d 667; Browne v. Adams, 12 A D 2d 661; Kohlman v. City of New York, 8 A D 2d 598). In addition, the trial court’s charge to the jury, as a whole, was highly prejudicial to the plaintiff. In the interests of justice a new trial is required. Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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