H. L. LAZAR, INC. v. GEN. MUT. INS. CO.


13 A.D.2d 472 (1961)

H. L. Lazar, Inc., Respondent, v. General Mutual Insurance Company, Appellant

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

March 16, 1961


Determination of the Appellate Term unanimously reversed, on the law and in the exercise of discretion, and a new trial ordered, without costs.

In its charge to the jury the court enumerated five defenses interposed by the defendant. However, the charge is devoid of any instructions with respect to the issues raised by such defenses, nor was there any guidance given as to the applicable principles of law. The charge is so thoroughly insufficient that a verdict based...

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