Opinion
July 8, 1958
In an action by a guest of a tenant in a multiple dwelling against the landlord to recover damages for personal injuries, the appeal is from a judgment entered upon a jury's verdict, dismissing the amended complaint. Judgment reversed, without costs, and a new trial granted. The conduct of respondent's counsel throughout the trial was so prejudicial as to deprive appellant of a fair trial; therefore, there must be a new trial in the interests of justice. It is unfortunate that this corrective appellate action must be taken, for the verdict was amply supported by the evidence. ( French v. City of New York, 286 App. Div. 1085; Nicholas v. Rosenthal, 283 App. Div. 9; George v. Owners Trucking Corp., 264 App. Div. 831.) Wenzel, Acting P.J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.