Modern Silk Co. v. Weinstein
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from so much, of an order of the City Court of the city of New York which required the plaintiff to pay defendants the sum of thirty dollars costs.
1Opinion of the CourtBijur, J.
The order appealed from recites that the case had duly come on for trial; that plaintiff’s attorney, in the course of his address to the jury, “ stated to the jury the existence of alleged facts which were *359not in evidence, ’ ’ and the court having thereupon ruled that these statements were deliberately made and were unwarranted, and that the right of defendants to a fair and impartial trial had been thereby prejudiced, now, on motion of defendant’s counsel, ordered that a juror be withdrawn, a mistrial declared, that thirty dollars costs be paid by plaintiff to defendant, and further ordered…
2Cases cited1 opinion
- McCormick v. SheaNew York Supreme Court · 1904
3Cited by1 opinion
- Dunbar v. IngrahamAppellate Division of the Supreme Court of the State of New York · 1949