FERRARI v. SCHWARTZ


41 A.D.2d 783 (1973)

Carol E. Ferrari, Respondent, v. Abe Schwartz, Appellant

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

March 1, 1973


Defendant contends the verdict is excessive and that the trial court's response to a question by the jury was inadequate and prejudicial. As to the latter issue, the record reveals that after the jury retired to deliberate they returned and requested the "pretrial testimony by Miss Ferrari and Motor Vehicle Referee testimony." The court properly advised the jury that they could have only the testimony which had been introduced into evidence. He then sent the jury out to dinner...

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