Abbate v. Solan
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Action to recover damages for the death of plaintiff’s intestate, in which there was a verdict of the jury for respondents.
By questions to plaintiff’s witnesses on cross-examination, and by reference to plaintiff’s counsel and his associate, counsel for respondents clearly intended to discredit plaintiff and her witnesses with the jury because of their nationality. Even if done in good faith, it was an appeal to prejudice without any foundation therefor and, of itself, requires a reversal of the judgment. (2 Wigmore on Evidence [2d ed.], § 937; Zobel Co. v. Canals, 188 App. Div. 231; *777Skuy v.…
2Cases cited7 opinions
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
- Skuy v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- Regan v. Frontier Elevator & Mill Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Commonwealth v. KazulesMassachusetts Supreme Judicial Court · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. HearnsAppellate Division of the Supreme Court of the State of New York · 1963
- Leonard v. Home Owners' Loan Corp.Appellate Division of the Supreme Court of the State of New York · 1946
- Nicholas v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1953
- Andritsch v. HenschelWisconsin Supreme Court · 1965
- People v. CastellanoAppellate Division of the Supreme Court of the State of New York · 1948
5 more not listed; retrieve them via the Exa API.