Sam & Mary Housing Corp. v. Jo/Sal Market Corp.

Weinstein, J.,

concurs in part and dissents in part, with the following memorandum, in which O’Connor, J. P., concurs. While I concur with the majority to the extent that it concedes that the damages awarded by the trial court were patently excessive, I cannot agree that the trial was otherwise without error. In my view, the trial court erroneously took judicial notice of a Civil Court case within its own personal knowledge with the result that certain of its findings as to credibility were impermissibly tainted and a new trial, as to both liability and damages, is warranted. H On or about…