Appellate Terms of the Supreme Court of New York, 1924

Luft v. Kaplan

Luft v. Kaplan
Appellate Terms of the Supreme Court of New York · Decided April 29, 1924
123 Misc. 156; 204 N.Y.S. 802; 1924 N.Y. Misc. LEXIS 876

Counsel

Nathan Tolh, for the appellant., A. F. Karman, for the respondent.

Luft v. Kaplan

Opinion of the Court

Per Curiam.

The jury having retired and later requested certain information, it was manifestly error for the trial justice, in the absence of counsel and without their consent, to transmit his instructions to the jury through a court attendant. Judgment, therefore, reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Wagner and Wasservogel, JJ.

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.