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PIERCE v. YACCARINO

72 N.J. Super. 252 (1962)

178 A.2d 213

ISAAC PIERCE, JR., PLAINTIFF-RESPONDENT, v. LOUIS YACCARINO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1962.

Attorney(s) appearing for the Case

Mr. Patrick J. McGann, Jr., argued the cause for appellant (Messrs. Reussille, Cornwell, Mausner & Carotenuto, attorneys).

Mr. Benjamin Edelstein argued the cause for respondent (Messrs. Edelstein & Edelstein, attorneys).

Before Judges CONFORD, GAULKIN and KILKENNY.

The opinion of the court was delivered by GAULKIN, J.A.D.

This is a sad and unfortunately too common example of how a case should not be tried. Plaintiff's attorney said things he should not have said. Defense counsel (not present counsel) did not object to most of the utterances, and too late or insufficiently to the remainder. The trial judge took no action to curb or cure the improprieties. As a result, we must reverse for "plain errors"

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