STEIN v. SAMINEY REALTY CORP.


30 A.D.2d 656 (1968)

Jane Stein et al., Respondents, v. Saminey Realty Corporation, Appellant, et al., Defendant

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

June 20, 1968


Judgment insofar as appealed from unanimously reversed, on the law, the judgment vacated and a new trial ordered, with $50 costs and disbursements to abide the event.

In this action for refund and treble damages for alleged rent overcharges, the stricken testimony of the witness Mushkin was so prejudicial to the defendant that it could not be cured by the belated striking and direction to the jury to disregard such testimony. While certain inferences could reasonably...

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