LEVY v. DAVID C. GOLD & CO., REAL ESTATE, INC.


119 A.D.2d 554 (1986)

Josef Levy, Doing Business as J. and Sons Contracting, Respondent, v. David C. Gold & Co., Real Estate, Inc., Appellant

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

April 7, 1986


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The trial court completely failed to charge the jury with respect to the law of principal and agent liability, which was the crucial issue in the case, despite a request to do so by the defendant's attorney. Instead, it merely summarized the contentions of both parties without providing the jury with any rules of law to apply to the facts of the case during its deliberations.

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