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Croix v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1967
28 A.D.2d 691 (N.Y. App. Div. 1967)

Opinion

June 12, 1967


Judgment of the Supreme Court, Queens County, entered July 1, 1966, reversed, on the law, and new trial granted, with costs to plaintiffs to abide the event. No questions of fact were considered. In our opinion, the trial court's charge to the jury was seriously prejudicial to plaintiffs' actions and deprived them of a fair trial ( Habenicht v. R.K.O. Theatres, 23 A.D.2d 378). In addition, it was an improvident exercise of the trial court's discretion to deny the request of plaintiffs' counsel that the summations of counsel be recorded ( Goldberg v. Mutual Life Ins. Co., 24 N.Y.S.2d 929, revd. on other grounds 263 App. Div. 10, app. dsmd. 288 N.Y. 662; Sharp v. City of Hornell, 12 A.D.2d 1002). In the interests of justice a new trial is required. Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.


Summaries of

Croix v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1967
28 A.D.2d 691 (N.Y. App. Div. 1967)
Case details for

Croix v. New York City Transit Authority

Case Details

Full title:HENRY CROIX, as Executor of CAMILLE CROIX, Deceased, Appellant, v. NEW…

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

Date published: Jun 12, 1967

Citations

28 A.D.2d 691 (N.Y. App. Div. 1967)