Rosenthal v. Geraghty — 206 A.D. 722

Majority

p. 722

Third Department,

May, 1923.

Julius M. Rosenthal, Appellant, v. Elwood Geraghty, Respondent.

Headnote

Trial — verdict — where improper remarks of counsel deemed harmless — evidence.

Appeal by the plaintiff from a judgment of the Sullivan County Court in favor of the defendant, entered in the office of the clerk of said county on November 22, 1922, upon the verdict of a jury, and also from an order denying plaintiff’s motion for a new trial.

The ear sold in September, 1920, was model forty-six for the year 1921. Proof of a drop of price in model forty-six for the year 1922 was not proof of a decrease in price of the article sold. The defendant was, therefore, entitled to a directed verdict. As the jury found only such a verdict as should have been directed, the unnecessary and improper remarks made by defendant’s counsel were harmless. Judgment and order unanimously affirmed, with costs.