Nitzberg v. Kapilow-Hyers, Inc.

Judgment reversed and new trial ordered, with thirty dollars costs to appellants to abide the event, upon the ground that it was prejudicial error to permit plaintiff’s counsel to cross-examine defendants’ witnesses as to the court’s charge to the jury on a prior trial with respect to plaintiff’s right to recover at least part of his claim.

All concur; present, Lydon, Levy and Callahan, JJ.