Habenicht v. R. K. O. Theatres, Inc.

It is unfortunate that we again are obliged to repeat what we have so often stated — that all litigants, regardless of the merits of their case, are entitled to a fair trial (Salzano v. City of New York, 22 A D 2d 656). A deprivation of a fair trial calls for a reversal of the decision or verdict rendered. The conduct of the Trial Judge in this case was such as to deny to the plaintiff the fair trial to which he was entitled. Accordingly, the judgment entered in defendant’s favor must be reversed and a new trial ordered.

From the very inception of the trial the court indicated its lack of…