THOM v. JAYMEE FASHIONS, INC.


29 N.Y.2d 534 (1971)

Sara Thom, Respondent, et al., Plaintiff, v. Jaymee Fashions, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1971.


Attorney(s) appearing for the Case

William F. McNulty for appellants.

Murray Ramson, Samuel Sumner Goldberg and Irving Hatterer for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and GIBSON. Judge JASEN dissents and votes to reverse and grant a new trial in the following opinion in which Judges SCILEPPI and BREITEL concur.


Order affirmed, with costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

The conduct of the Trial Judge by excessive participation in the cross-examination of the defendant Pagan deprived the defendants of a fair and impartial trial — particularly on the issue of liability. Although a Judge has broad discretion in the conduct of the trial and is not expected to be a mere moderator or spectator, he should not step beyond...

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