ASTARITA v. MIRABELLO


36 A.D.2d 948 (1971)

Anna Astarita et al., Appellants, v. Frank Mirabello, Respondent

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

May 3, 1971


Judgment reversed, on the law, and new trial granted in the interests of justice, solely on the question of the amount of damages sustained by plaintiffs, with costs to abide the event.

In our opinion, a new trial is required in the interests of justice. The rulings made by the learned Trial Justice with respect to his minutes on the prior trial of the liability issue and his undue participation in plaintiffs' efforts to adduce expert medical proof may have improperly...

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