Levy v. David C. Gold & Co.

— In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Queens County (Giaccio, J.), dated September 10, 1984, which, upon a jury verdict, is in favor of the plaintiff in the principal amount of $16,000.

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The trial court completely failed to charge the jury with respect to the law of principal and agent liability, which was the crucial issue in the case, despite a request to do so by the defendant’s attorney. Instead, it merely summarized the…