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Costello v. Giarraputo

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 1994
207 A.D.2d 426 (N.Y. App. Div. 1994)

Opinion

August 15, 1994

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the judgment is affirmed insofar as appealed from, and the order is affirmed, with one bill of costs.

Although the trial court erred in the manner in which it questioned one of the plaintiffs' witnesses during the trial and in the manner in which it commented upon the testimony of the plaintiff Marie Costello, under the circumstances of this case, we find that the error was harmless, as it did not substantially prejudice the plaintiffs' case (see, Papa v. City of New York, 194 A.D.2d 527; Burton v. New York City Hous. Auth., 191 A.D.2d 669; Kutanovski v. DeCicco, 152 A.D.2d 540).

Further, we find that the verdict was supported by a fair interpretation of the evidence (see, Bunyavong v. Borassi, 201 A.D.2d 525; Nicastro v. Park, 113 A.D.2d 129).

We have considered the plaintiffs' remaining contention and find it to be without merit. Mangano, P.J., Altman, Hart and Florio, JJ., concur.


Summaries of

Costello v. Giarraputo

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 1994
207 A.D.2d 426 (N.Y. App. Div. 1994)
Case details for

Costello v. Giarraputo

Case Details

Full title:MARIE COSTELLO et al., Appellants, v. VINCENT GIARRAPUTO et al.…

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

Date published: Aug 15, 1994

Citations

207 A.D.2d 426 (N.Y. App. Div. 1994)
616 N.Y.S.2d 225