FLYNN v. GREENBERG


6 A.D.2d 871 (1958)

Florence Flynn, Appellant, v. David Greenberg, Respondent

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

July 8, 1958


Judgment reversed, without costs, and a new trial granted.

The conduct of respondent's counsel throughout the trial was so prejudicial as to deprive appellant of a fair trial; therefore, there must be a new trial in the interests of justice. It is unfortunate that this corrective appellate action must be taken, for the verdict was amply supported by the evidence. (French v. City of New York, 286 App. Div. 1085; Nicholas v. Rosenthal, 283 App. Div. 9...

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