Maull v. Carbess Realty, Inc.

Appellate Terms of the Supreme Court of New York

Maull v. Carbess Realty, Inc.

28 Misc. 2d 588, 208 N.Y.S.2d 500, 1960 N.Y. Misc. LEXIS 2020

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1960

StatusPublished

This text of 28 Misc. 2d 588 (Maull v. Carbess Realty, 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

Maull v. Carbess Realty, Inc., 28 Misc. 2d 588, 208 N.Y.S.2d 500, 1960 N.Y. Misc. LEXIS 2020 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

While the record might well justify a judgment against the individual defendant, the Trial Justice throughout evinced such hostility toward the position of both defendants as to deny to them the fair trial to which they were entitled by law. Moreover, exhibits were erroneously admitted without proper foundation. The result may not stand; the interests of justice require a new trial.

The judgment should be reversed and a new trial ordered, with $30 costs to appellants to abide the event.

Aurelio and Tilzer, JJ., concur; Hofstadter, J. P., concurs in result.

Judgment reversed, etc.

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Per Curiam.

While the record might well justify a judgment against the individual defendant, the Trial Justice throughout evinced such hostility toward the position of both defendants as to deny to them the fair trial to which they were entitled by law. Moreover, exhibits were erroneously admitted without proper foundation. The result may not stand; the interests of justice require a new trial.

The judgment should be reversed and a new trial ordered, with $30 costs to appellants to abide the event.

Aurelio and Tilzer, JJ., concur; Hofstadter, J. P., concurs in result.

Judgment reversed, etc.

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Bluebook (online)

28 Misc. 2d 588, 208 N.Y.S.2d 500, 1960 N.Y. Misc. LEXIS 2020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maull-v-carbess-realty-inc-nyappterm-1960.