Vischi v. Capodiferro

Appellate Division of the Supreme Court of New York

Vischi v. Capodiferro

257 A.D. 628, 15 N.Y.S.2d 22, 1939 N.Y. App. Div. LEXIS 7831

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

DecidedOctober 27, 1939

StatusPublished

This text of 257 A.D. 628 (Vischi v. Capodiferro) 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

Vischi v. Capodiferro, 257 A.D. 628, 15 N.Y.S.2d 22, 1939 N.Y. App. Div. LEXIS 7831 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

After an examination of this record, we conclude plaintiff was prejudiced in not being given a proper opportunity to adduce evidence in rebuttal and redirect examination before final determination of the issues on the merits. To afford such opportunity seems to have been the fair and reasonable purport of the arrangements made in colloquy between the court and counsel during the trial.

The determination of the Appellate Term and the judgment of the City Court, so far as appealed from, should be reversed and a new trial ordered, with costs to the appellant in all courts to abide the event.

Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

Determination of the Appellate Term and the judgment of the City Court, so far as appealed from, unanimously reversed,- and a new trial ordered, with costs to the appellant in all courts to abide the event. Settle order on notice.

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Per Curiam.

After an examination of this record, we conclude plaintiff was prejudiced in not being given a proper opportunity to adduce evidence in rebuttal and redirect examination before final determination of the issues on the merits. To afford such opportunity seems to have been the fair and reasonable purport of the arrangements made in colloquy between the court and counsel during the trial.

The determination of the Appellate Term and the judgment of the City Court, so far as appealed from, should be reversed and a new trial ordered, with costs to the appellant in all courts to abide the event.

Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

Determination of the Appellate Term and the judgment of the City Court, so far as appealed from, unanimously reversed,- and a new trial ordered, with costs to the appellant in all courts to abide the event. Settle order on notice.

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Bluebook (online)

257 A.D. 628, 15 N.Y.S.2d 22, 1939 N.Y. App. Div. LEXIS 7831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vischi-v-capodiferro-nyappdiv-1939.