Feder v. Kaufman

Appellate Terms of the Supreme Court of New York

Feder v. Kaufman

13 Misc. 2d 434, 180 N.Y.S.2d 609, 1958 N.Y. Misc. LEXIS 3299

Appellate Terms of the Supreme Court of New York·Decided May 20, 1958·Published

Opinion

Per Curiam.

The court was without authority to award damages to the plaintiff in view of the verdict by the jury. The interests of justice, however, will be served by a new trial in view of the improper remarks of defendant’s counsel wherein he injected the issue of insurance and the effect of actions on liability insurance rates. (Wood v. New York State Elec. & Gas Corp., 257 App. Div. 172, affd. 281 N. Y. 797.)

[435] The judgment should be unanimously reversed on the law and facts and new trial granted, with costs to defendant to abide the event.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The court was without authority to award damages to the plaintiff in view of the verdict by the jury. The interests of justice, however, will be served by a new trial in view of the improper remarks of defendant’s counsel wherein he injected the issue of insurance and the effect of actions on liability insurance rates. (Wood v. New York State Elec. & Gas Corp., 257 App. Div. 172, affd. 281 N. Y. 797.)

[435] The judgment should be unanimously reversed on the law and facts and new trial granted, with costs to defendant to abide the event.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

Feder v. Kaufman, 13 Misc. 2d 434, 180 N.Y.S.2d 609, 1958 N.Y. Misc. LEXIS 3299 (N.Y. Ct. App. 1958).

Pincite

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Opinion

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