Frank v. Subin
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Maurice Frank and others against Moses Subin and another. From a judgment for defendants, and from' an order denying plaintiffs’ motion for a new trial, .they appeal.
1Opinion of the CourtPeatzeic, J.
The remarks of the court in the presence of the jury on the trial of this action were unquestionably prejudicial to the plaintiffs, and were of such a character as to constitute reversible error. The plaintiffs’ counsel was alert and timely in moving to withdraw a juror, and the motion, which was denied, should have been granted. The attitude of the court toward plaintiffs’ attorney was calculated to embarrass and to bring the attorney into contempt before the jury, and to prejudice them, not alone against the advocate, but against the interest of his clients, which he was obliged to defend…
2Cases cited9 opinions
- Bolte v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1899
- Bennett v. HarrisNew York Supreme Court · 1910
- Swan v. KeoughAppellate Division of the Supreme Court of the State of New York · 1898
- Bolte v. Third Avenue R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
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