Opinion
February 15, 1968
Appeal from the Erie Trial Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
Judgment unanimously affirmed, without costs. Memorandum: In affirming, we disapprove the court's action in answering the jury's written question without its being presented in open court, but in this case we do not find that doing so was prejudicial. (See Employers Mut. Liab. Ins. Co. v. Di Cesare Monaco Concrete Constr. Corp., 9 A.D.2d 379, 385; Fisher v. Lober, 11 A.D.2d 645; Gundersen v. All America Commerce Corp., 275 App. Div. 572; 8 Carmody-Wait 2d, New York Practice, §§ 57:22, 58.3; 1 N.Y. P J I 6).