Rendo v. Schermerhorn

Appeal from an order of the Supreme Court at Trial Term, Schoharie County, which denied plaintiff’s motion to set aside a jury’s verdict of no cause of action and for a new trial or in the alternative to set aside the verdict, vacate the judgment, and grant a new trial upon various grounds. Plaintiff urges that she was denied a fair trial because defense counsel during his summation injected a highly prejudicial statement in addressing the jury. The summation not having been taken by the court reporter, there are two versions of what actually was said. Plaintiff’s contention, supported by an…