ABRAMS v. LUXOR LINCOLN-MERCURY


11 Misc.2d 875 (1958)

Jerome Abrams, Respondent, v. Luxor Lincoln-Mercury, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 6, 1958.


Attorney(s) appearing for the Case

Daniel Rosen for appellant.

I. Jonas Speciner and Sol Calvin King for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

The attempt by plaintiff to establish that defendant had allegedly defrauded a purchaser [of an automobile] other than the plaintiff and the testimony and colloquy that ensued with respect thereto, as well as other gratuitous remarks by the court concerning the alleged reason for objections by defendant's counsel, constitute prejudicial error.

In addition, defendant was entitled to an unequivocal charge that absent one of the elements of...

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