Strelzin v. Sabbeth

Appellate Terms of the Supreme Court of New York

Strelzin v. Sabbeth

17 Misc. 2d 865, 186 N.Y.S.2d 733, 1959 N.Y. Misc. LEXIS 3760

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1959

StatusPublished

This text of 17 Misc. 2d 865 (Strelzin v. Sabbeth) 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

Strelzin v. Sabbeth, 17 Misc. 2d 865, 186 N.Y.S.2d 733, 1959 N.Y. Misc. LEXIS 3760 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The trial court was unduly deferential to plaintiff’s expert and allowed him to take liberties which put defendant at a disadvantage. This was coupled with an instruction that he was a disinterested witness whereas under the peculiar circumstances his interest should have been left to the jury. Individually these errors might have been overlooked as insufficient to affect the result but considered together they deprived defendant of a fair trial.

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

Concur — Steuer, J. P., and Hecht, J.; Hofstadter, J., dissents and votes to affirm.

Judgment reversed, etc.

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Per Curiam.

The trial court was unduly deferential to plaintiff’s expert and allowed him to take liberties which put defendant at a disadvantage. This was coupled with an instruction that he was a disinterested witness whereas under the peculiar circumstances his interest should have been left to the jury. Individually these errors might have been overlooked as insufficient to affect the result but considered together they deprived defendant of a fair trial.

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

Concur — Steuer, J. P., and Hecht, J.; Hofstadter, J., dissents and votes to affirm.

Judgment reversed, etc.

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Bluebook (online)

17 Misc. 2d 865, 186 N.Y.S.2d 733, 1959 N.Y. Misc. LEXIS 3760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strelzin-v-sabbeth-nyappterm-1959.