Opinion
June, 1923.
Judgment and order reversed on the law, and new trial granted, costs to abide the event, for the error of the court in permitting plaintiff's counsel in summing up to call attention to the fact that the defendants were insured. When it was ascertained that this testimony had been inadvertently admitted, it should have been stricken out and the jury should have been instructed to disregard it. Kelly, P.J., Rich, Jaycox, Manning and Kapper, JJ., concur.