Eisner v. Daitch Crystal Dairies, Inc.

Judgment, entered on a verdict in favor of defendant on issue of liability, unanimously reversed and vacated, on the law, on the facts and in the interests of justice, and a new trial ordered on said issue, with $50 costs and disbursements to abide the event. It appears that if the plaintiff had been permitted to recall herself, her testimony may have contradicted, impeached or discredited material testimony of defendant’s witness, the store manager. Therefore, it was an abuse of discretion for the trial court to deny plaintiffs’ right to testify in rebuttal following the close of defendant’s…