Coppola v. Gross — 72 N.Y.S. 1098

Majority

p. 1098

COPPOLA, Respondent, v. GROSS, City Marshal, Appellant.

(Supreme Court, Appellate Term.

June, 1901.)

Headnote

Action by Jennie Coppola against Max Gross, as one of the marshals of the city, of New York.

H. J. Hindes, for appellant. J. Palmieri, for respondent.

Where the evidence is conflicting, this court declines to interfere with the jury’s verdict. There seems, however, to have been immaterial evidence admitted at the trial, under objection, which may well hhveaffected the minds of the jury. The issues presented were title to merchandise and its market value at time levied upon by defendant, and the extent of the levy. Under these issues, the testimony of the plaintiff as to her father’s business, and the cross-examination of the witness Borschardt relating to the stock and affairs of a tea company, seem to have been proof entirely irrelevant and incompetent. This may well have prejudiced the defendant’s rights, and its admission furnished ground for reversal. Judgment ( 68 N. Y. Supp. 942 ) reversed, and new trial ordered, with costs to abide event.