Opinion
December 27, 1960
In consolidated actions to recover damages for personal injuries, Alma Lee Williams (a defendant in Action No. 1 and a plaintiff in Action No. 2) appeals from so much of a judgment of the Supreme Court, Queens County, entered December 14, 1959, after a jury trial, as is in favor of plaintiffs Browne and Parrish against her (in Action No. 1) and as is in favor of defendant Adams against her (in Action No. 2). Judgment insofar as appealed from reversed, with costs to appellant against defendant Adams; Action No. 1 severed as to said appellant; and new trial granted as between plaintiffs and said appellant in Action No. 1 and as between said appellant and defendant Adams in Action No. 2. During the course of the trial, counsel for the defendant Adams made repeated prejudicial and highly inflammatory statements in the presence of the jury. Although the trial court was extremely patient and exerted considerable effort to keep counsel within proper bounds, we nonetheless believe that these improper remarks substantially prejudiced appellant and deprived her of a fair trial. In our opinion a new trial is required in the interests of justice. It should be noted that no appeal has been taken by plaintiffs Browne and Parrish from that portion of the judgment which is in favor of defendant Adams and against them in Action No. 1. Therefore, the judgment in this respect cannot be disturbed on this appeal which has been taken by appellant Williams only. Beldock, Acting P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.