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Cernudo v. Schmidt

228 A.D. 689 Court N.Y. App. Div. English

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Majority

p. 689
Celestino Cernudo, Respondent, v. William J. Schmidt and Charles Stebbins, Appellants. Carmen Cernudo, Respondent, v. William J. Schmidt and Charles Stebbins, Appellants.

Judgments reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of the evidence and that a dispassionate consideration of the evidence by the jury was rendered impossible by the colloquies occurring during the trial. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.