COHEN v. CRIMENTI


24 A.D.2d 587 (1965)

Joseph Cohen, Respondent, v. Frank Crimenti et al., Appellants

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

July 12, 1965


Judgment reversed on the law and a new trial granted, with costs to abide the event. No questions of fact have been considered. Appeal from order of June 18, 1964 dismissed as academic, without costs.

In our opinion, it was prejudicial error for the Trial Judge to refuse the defendants' request that the jury be charged as to the "emergency rule" doctrine. Upon the evidence in this case, it should have been for the jury to...

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