MELLEBY v. UNITY FUEL OIL CORP.


145 A.D.2d 548 (1988)

Jean Melleby, Respondent, v. Unity Fuel Oil Corp., Appellant

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

December 19, 1988


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the trial court's jury charge did not deprive it of a fair trial. The court's use of the term "accelerant" was appropriate in describing the plaintiff's theory of the case. Significantly, the court admonished the jury not to consider any of its comments as indicating that it had an opinion one way or the other as to who should prevail (see, Altman v Deepdale Gen. Hosp...

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