RUDNIK v. NORWICH PHARMACAL CO.


34 A.D.2d 912 (1970)

Florence Rudnik et al., Respondents, v. Norwich Pharmacal Company et al., Appellants, et al., Defendant

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

June 9, 1970


Judgment entered June 9, 1967 after a jury trial in favor of plaintiffs, reversed on the facts and on the law and in the exercise of discretion, and a new trial directed, with costs and disbursements to abide the event.

We conclude that the defendants were deprived of a fair trial and an unprejudiced consideration of the case by reason of the continuing exchanges between court and counsel for the defendants in the presence of the jury. Although defendants' counsel...

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