GRAHAM v. WAITE


23 A.D.2d 628 (1965)

William F. Graham, Appellant, v. Gary W. Waite, Respondent

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

February 26, 1965


Order unanimously modified in accordance with the Memorandum and as modified affirmed, with costs to appellant.

Memorandum:

Based upon remarks made by plaintiff's counsel to the jury panel on the voir dire examination the court not only granted a mistrial but also restricted the scope of inquiry at the drawing of a subsequent jury panel. It was an improvident exercise of discretion to direct and instruct counsel that on a subsequent trial he "refrain...

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