DEVERY v. CATELLO


278 A.D. 672 (1951)

Matthew Devery, Respondent, v. Dominick Catello et al., Defendants, and Vito La Morte, Appellant

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

February 26, 1951.


Insofar as the judgment awards damages and costs to plaintiff against appellant, the judgment is reversed upon the law and the facts, the action against appellant severed, and a new trial thereof granted, with costs to appellant to abide the event.

In our opinion it was error requiring reversal for the court, in response to the request by appellant's counsel to charge the jury that there was no proof in the case that appellant's witnesses were "bought and paid for...

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