NAVIS v. CITY OF ROCHESTER


277 A.D. 667 (1951)

Joseph Navis, Appellant, v. City of Rochester, Respondent

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

January 24, 1951.


Attorney(s) appearing for the Case

Julius H. Michaels for appellant.

William H. Emerson, Corporation Counsel (Frederick J. Wilkens and James H. Boomer of counsel), for respondent.

Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

While there is ample evidence in this case to support the verdict of the jury, we feel called upon to reverse and order a new trial because of error in those parts of the charge of the court in which he said: "Now then, either the plaintiff, Navis, or the foreman, Bobby, have perjured themselves. One or the other has perjured himself here in this courtroom because their stories are absolutely not only inconsistent but contrary in every respect....

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