Novins v. Sklar

Appellate Division of the Supreme Court of New York

Novins v. Sklar

15 A.D.2d 822, 225 N.Y.S.2d 329, 1962 N.Y. App. Div. LEXIS 11269

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1962

StatusPublished

This text of 15 A.D.2d 822 (Novins v. Sklar) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Novins v. Sklar, 15 A.D.2d 822, 225 N.Y.S.2d 329, 1962 N.Y. App. Div. LEXIS 11269 (N.Y. Ct. App. 1962).

Pincite

Opinion

As disclosed by the record, the trial of this closely contested action was conducted in an atmosphere of bickering and exchanges of bitterness and prejudicial statements between counsel which prevented a dispassionate consideration of the case by the jury (cf. Zaulich y. Thompkms Sq. Co., 10 A D 2d 492, 497-498; Cohon & Co. v. Pennsylvania Coal & Coke Corp., 10 A D 2d 667; Browne v. Adams, 12 A D 2d 661; Kohlman v. City of New York, 8 A D 2d 598). In addition, the trial court’s charge to the jury, as a whole, was highly prejudicial to the plaintiff. In the interests of justice a new trial is required. Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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As disclosed by the record, the trial of this closely contested action was conducted in an atmosphere of bickering and exchanges of bitterness and prejudicial statements between counsel which prevented a dispassionate consideration of the case by the jury (cf. Zaulich y. Thompkms Sq. Co., 10 A D 2d 492, 497-498; Cohon & Co. v. Pennsylvania Coal & Coke Corp., 10 A D 2d 667; Browne v. Adams, 12 A D 2d 661; Kohlman v. City of New York, 8 A D 2d 598). In addition, the trial court’s charge to the jury, as a whole, was highly prejudicial to the plaintiff. In the interests of justice a new trial is required. Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 822, 225 N.Y.S.2d 329, 1962 N.Y. App. Div. LEXIS 11269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novins-v-sklar-nyappdiv-1962.