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PERKINS v. NEW YORK RACING ASS'N, INC.

51 A.D.2d 585 (1976)

Melba Perkins et al., Appellants, v. New York Racing Association, Inc., et al., Respondents. (And Two Third-Party Titles.)

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

January 26, 1976

Judgment reversed insofar as appealed from, on the law and in the interests of justice, and new trial granted, with costs to abide the event. No fact issues were presented on this appeal.

In our opinion, plaintiffs were precluded from obtaining a fair trial in this negligence action by virtue of the cumulative effect of the improper conduct of the trial court, both during cross-examination and in its charge to the jury. As...

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