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Schwartz v. Samuel Frank & Co.

225 A.D. 763 Court N.Y. App. Div. English

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p. 763
Mildred Schwartz, Respondent, v. Samuel Frank & Company, Inc., and Samuel Frank, Defendants, and Isadore J. Ginsberg, Appellant.

Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that the remarks made by the trial

p. 764
justice at folios 117, 118, 125, 126 and 128 — although the last mentioned was corrected by the charge — were unjustified and prejudicial to the appellant. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.