ELISH v. ROSE


2 A.D.2d 960 (1956)

Doris Elish et al., Appellants, v. Clarence Rose et al., Doing Business under the Name of Systematic General Trucking Co. et al., Respondents

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

December 11, 1956


The trial court's comments upon plaintiffs' case were warranted, as was his observation that the alleged illness of plaintiffs' counsel came at an opportune time for his clients. Also, the doctor's certificate submitted in support of the application for a mistrial was inadequate. Certainly the court was not required, on the showing made, to grant the application for a mistrial. But the court was not able or willing to find that counsel was malingering. We think, therefore...

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