Abrams v. Luxor Lincoln-Mercury, Inc.

Appellate Terms of the Supreme Court of New York

Abrams v. Luxor Lincoln-Mercury, Inc.

11 Misc. 2d 875, 172 N.Y.S.2d 617, 1958 N.Y. Misc. LEXIS 3911

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 6, 1958

StatusPublished

This text of 11 Misc. 2d 875 (Abrams v. Luxor Lincoln-Mercury, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abrams v. Luxor Lincoln-Mercury, Inc., 11 Misc. 2d 875, 172 N.Y.S.2d 617, 1958 N.Y. Misc. LEXIS 3911 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The attempt by plaintiff to establish that defendant had allegedly defrauded a purchaser [of an automobile] other than the plaintiff and the testimony and colloquy that ensued with respect thereto, as well as other gratuitous remarks by the court concerning the alleged reason for objections by defendant’s counsel, constitute prejudicial error.

In addition, defendant was entitled to an unequivocal charge that absent one of the elements of the alleged fraud, a cause of action in fraud was not made out.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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