NIEVES v. CITY OF NEW YORK


277 A.D. 357 (1950)

John Nieves, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 1950.


Attorney(s) appearing for the Case

John P. McGrath of counsel (Seymour B. Quel and Fred Iscol with him on the brief; John P. McGrath, Corporation Counsel, attorney), for appellant.

Jacob D. Fuchsberg of counsel (Benjamin H. Siff and Henry Cohen with him on the brief; Herman Fink, attorney), for respondent.

PECK, P. J., GLENNON, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to reinstate the verdict of the jury, in opinion.


Per Curiam.

Although counsel may justifiably disagree with the court's rulings on the exclusion of evidence, there is no justification for counsel in summation disregarding those rulings, criticizing the rulings, criticizing the objections of opposing counsel which prompted the rulings, asserting that the rules of evidence are artificial and attempting by suggestion and insinuation to get before the jury the matters excluded. The summation of counsel for defendant...

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