EPES v. HEALEY


226 A.D.2d 581 (1996)

641 N.Y.S.2d 344

Kristopher Epes et al., Appellants, v. Thomas Healey et al., Respondents

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

April 22, 1996


Ordered that the judgment is reversed, on the law, with costs, and the complaint is reinstated.

When charging a jury, "`[t]o say to a minority that they should re-examine their views in the light of the opinion held by the majority, without putting a like duty on the majority respecting the opinion of the minority, is wrong. The minority may be right and the majority wrong'" (Field v Field, 283 App Div 372, 374, quoting Acunto v Equitable Life Assur. Socy...

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