Tracey v. Borczak

220 A.D. 789 Court N.Y. App. Div. English

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p. 789

Francis Bernard Tracey, an Infant, by Anna Tracey, His Guardian ad Litem, Respondent, v. Alexander Borczak and Another, Appellants.

Judgment and order reversed, and new trial granted, with costs to the appellants to abide the event, on the ground that the persistent effort of plaintiff’s attorney to introduce proof of repairs to the coal hole was prejudicial. Van Kirk, Acting P. J., Hinman and Whitmyer, JJ., concur; McCann and Davis, JJ., dissent and vote for affirmance.