HABENICHT v. R. K. O. THEATRES


23 A.D.2d 378 (1965)

Frederick Habenicht, Appellant, v. R. K. O. Theatres, Inc., Respondent

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

June 29, 1965.


Attorney(s) appearing for the Case

Norman Roy Grutman of counsel (Ciceil L. Gross with him on the brief), for appellant.

Joseph J. Brophy of counsel (Hanlon & Dawe, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN, VALENTE and STALEY, JJ., concur.


Per Curiam.

It is unfortunate that we again are obliged to repeat what we have so often stated — that all litigants, regardless of the merits of their case, are entitled to a fair trial (Salzano v. City of New York, 22 A.D.2d 656). A deprivation of a fair trial calls for a reversal of the decision or verdict rendered. The conduct of the Trial Judge in this case was...

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