Opinion
November 15, 1955.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The conduct of defendant's counsel throughout the trial was so unprofessional and prejudicial to a fair trial that the judgment must be set aside and a new trial directed. It is doubly unfortunate that this corrective appellate action must be taken and a new trial held because the verdict was amply supported by the evidence.
Concur — Peck, P.J., Botein, Rabin, Cox and Bergan, JJ.