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CROIX v. NEW YORK CITY TRANSIT AUTH.

28 A.D.2d 691 (1967)

Henry Croix, as Executor of Camille Croix, Deceased, Appellant, v. New York City Transit Authority, Respondent. George Franchet, Appellant, v. New York City Transit Authority, Respondent

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

June 12, 1967

No questions of fact were considered. In our opinion, the trial court's charge to the jury was seriously prejudicial to plaintiffs' actions and deprived them of a fair trial (Habenicht v. R.K.O. Theatres, 23 A.D.2d 378). In addition, it was an improvident exercise of the trial court's discretion to deny the request of plaintiffs' counsel that the summations of counsel be recorded (Goldberg v. Mutual Life Ins. Co., 24 N.Y.S...

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