M. Schottenfeld & Sons, Inc. v. Kasabali

Appellate Terms of the Supreme Court of New York

M. Schottenfeld & Sons, Inc. v. Kasabali

5 Misc. 2d 562, 158 N.Y.S.2d 814, 1956 N.Y. Misc. LEXIS 1473

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 25, 1956

StatusPublished

Cited by1 cases

This text of 5 Misc. 2d 562 (M. Schottenfeld & Sons, Inc. v. Kasabali) 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

M. Schottenfeld & Sons, Inc. v. Kasabali, 5 Misc. 2d 562, 158 N.Y.S.2d 814, 1956 N.Y. Misc. LEXIS 1473 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

Under all the circumstances here, the refusal to grant plaintiff’s application to reopen the case for the purpose of taking testimony of a witness was prejudicial error. The trial court had been notified of the departure of this witness from his place of business and of his expected arrival, and when he appeared during summation of counsel, he should have been permitted to testify. (Sirico v. Four Wheels, 51 N. Y. S. 2d 425; Oka v. United States Fidelity & Guar. Co., 213 App. Div. 746.)

The judgment and order should be reversed, with $30 costs to appellant to abide the event, and motion for a new trial granted.

Edeb, Heoht and Tilzer, JJ., concur.

Judgment and order reversed, etc.

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