Katz v. S. W. S. Building Corp.

Appellate Terms of the Supreme Court of New York

Katz v. S. W. S. Building Corp.

161 Misc. 777, 293 N.Y.S. 287, 1937 N.Y. Misc. LEXIS 1503

Appellate Terms of the Supreme Court of New York·Decided January 15, 1937·Published·Cited by 1 cases

Opinion

Per Curiam.

The papers show that the stenographer was permitted to go to the jury room, after the jury had retired, and to read to the jury a portion of the charge, without the knowledge or consent of counsel. This is too serious an infraction of fundamental safeguards to be condoned.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Levy and Hammer, JJ.

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Per Curiam.

The papers show that the stenographer was permitted to go to the jury room, after the jury had retired, and to read to the jury a portion of the charge, without the knowledge or consent of counsel. This is too serious an infraction of fundamental safeguards to be condoned.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Levy and Hammer, JJ.

Katz v. S. W. S. Building Corp., 161 Misc. 777, 293 N.Y.S. 287, 1937 N.Y. Misc. LEXIS 1503 (N.Y. Ct. App. 1937).

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161 Misc. 777 (Katz v. S. W. S. Building Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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