COHEN v. COVELLI


276 A.D. 375 (1950)

Becky Cohen, Respondent, v. Alfred E. Covelli, Appellant

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

February 14, 1950.


Attorney(s) appearing for the Case

John F. X. Finn of counsel (C. J. Pernicone with him on the brief; Rudser & Mulligan, attorneys), for appellant.

Harry Zeitlan of counsel (Benjamin H. Siff with him on the brief; Stein & Stein, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

We find no error in the rulings on evidence complained of by appellant, one of which will be taken up later. We are, however, obliged to reverse this judgment recovered by plaintiff in a negligence action because of a highly improper and prejudicial statement made by plaintiff's counsel in the course of his summation. The record indicates that the following took place:

"(During Mr. Zeitlan's summation...

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