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Cassell Vacation Homes v. Commercial Un. Ins. Cos.

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 700 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, Orange County (Patsalos, J.).


Ordered that the judgment is affirmed, with one bill of costs to the respondents.

We find, contrary to the plaintiffs' contention, that the jury's verdict was not against the weight of the evidence (Nicastro v. Park, 113 A.D.2d 129). There was ample evidence to support the jury's determination that the fire was intentionally set, including the presence of inflammable materials, and the rapidity with which the fire spread. In addition we do not agree with the plaintiffs' contention that the court improvidently exercised its discretion in terminating the cross-examination of defendants' expert by the plaintiffs' counsel. It is well settled that the supervision of cross-examination is within the trial court's discretion (Feldsberg v. Nitschke, 49 N.Y.2d 636, 643; Di Paolo v. Somma, 111 A.D.2d 899, 901) and in the case at bar, trial counsel was given wide latitude and adequate opportunity for inquiry. Thompson, J.P., Brown, Eiber and Balletta, JJ., concur.


Summaries of

Cassell Vacation Homes v. Commercial Un. Ins. Cos.

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 700 (N.Y. App. Div. 1990)
Case details for

Cassell Vacation Homes v. Commercial Un. Ins. Cos.

Case Details

Full title:CASSELL VACATION HOMES, INC., et al., Appellants, v. COMMERCIAL UNION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 16, 1990

Citations

157 A.D.2d 700 (N.Y. App. Div. 1990)
549 N.Y.S.2d 799

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