Opinion
February 26, 1962
In an action to recover damages for personal injuries arising out of a collision of motor vehicles at an intersection, plaintiffs appeals from a judgment of the Supreme Court, Kings County, entered November 23, 1960, upon a verdict in favor of the defendants, after a jury trial. Judgment reversed on the law, and a new trial granted, with costs to abide the event. As disclosed by the record, the trial of this closely contested action was conducted in an atmosphere of bickering and exchanges of bitterness and prejudicial statements between counsel which prevented a dispassionate consideration of the case by the jury (cf. Zaulich v. Thompkins Sq. Co., 10 A.D.2d 492, 497-498; Cohon Co. v. Pennsylvania Coal Coke Corp., 10 A.D.2d 667; Browne v. Adams, 12 A.D.2d 661; Kohlman v. City of New York, 8 A.D.2d 598). In addition, the trial court's charge to the jury, as a whole, was highly prejudicial to the plaintiff. In the interests of justice a new trial is required. Ughetta, Acting P.J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.