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.