Rosen v. Leibowitz Pickle Works, Inc.

254 A.D. 589, 3 N.Y.S.2d 109, 1938 N.Y. App. Div. LEXIS 6679

Opinion

On the trial of this negligence action the plaintiffs did not have a fair opportunity to present their evidence to the court and jury and the complaint was dismissed as to defendant Leibowitz PicHe Works, Inc. As to defendant Sackeroff, while the plaintiffs had subpoenaed medical witnesses, they had not arrived in court at twelve-forty-five — within fifteen minutes of the usual hour of adjournment. The trial justice declared that the plaintiffs had rested and refused opportunity to reopen. As a result the verdicts against Sackeroff were inadequate. Judgment reversed on the law and the facts and in the interest of justice and a new trial granted against both defendants, with costs to appellants to abide the event. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.