Legal Opinion · Dissent

Bischert v. Limousine Rental Service

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1970Published

1DissentReynolds, J.

The judgment entered upon verdicts for Malcolm Perry (Action No. 1) and Malcolm Perry, Jr. (Action No. 2) should be reversed on the law and the facts, and a new trial ordered. The judgment in favor of Malcolm Perry, Jr. is tainted by the improper tactics of his counsel in his summation which was compounded by the fact that the improper tactics were discussed before summation in the trial court’s chambers and the court had informed counsel that they were improper and not to use them. This is admitted. The judgment in favor of Malcolm Perry in Action No. 1 was also not legally reached. The…

2Cases cited6 opinions

  1. Simpson v. . Foundation Co.New York Court of Appeals · 1911
  2. People v. CarboranoNew York Court of Appeals · 1950
  3. Loughlin v. . BrassilNew York Court of Appeals · 1907
  4. Cherry Creek National Bank v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924
  5. Frechette v. Special Magazines, Inc.Appellate Division of the Supreme Court of the State of New York · 1954

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