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EHRLICH v. C. B. S. COLUMBIA

16 Misc.2d 793 (1959)

Louis M. Ehrlich, Plaintiff, v. C. B. S. Columbia, Inc. et al., Defendants. Landes Heating Co., Inc., Defendant and Third-Party Plaintiff, v. Eastern States Electrical Contracting Company, Third-Party Defendant.

Supreme Court, Trial Term, Queens County.

January 27, 1959.

Attorney(s) appearing for the Case

Morris H. Misbin (Harry A. Gair and Barnet S. Blume of counsel), for plaintiff.

Barry, Treanor, Shandell & Brophy (Edward Shandell of counsel), for C. B. S. Columbia, Inc., defendant.

Cotter, Carey & Schultz (Hyman R. Friedman of counsel), for defendant and third-party plaintiff.

Thomas F. Keane and Matthew F. Buermann for third-party defendant.

J. IRWIN SHAPIRO, J.

Upon the completion of proof in this jury case, the court after a conference with counsel made the following statement:

"GENTLEMEN, in chambers, I told all of you that I was averse to dismissing the complaint and taking the facts away from the jury, because if I were in error, it would mean that the plaintiff would have to come back for a new trial, and while I would not shirk my...

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