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2 A.D.2d 849

Morello v. Brookfield Construction Co.

Appellate Division of the Supreme Court of the State of New York · decided 1956-10-30

Decided 1956-10-30

¶1The Trial Justice questioned witnesses to such an extent that counsel were embarrassed in the representation of their clients. However, his participation was manifestly animated by a desire to present a full and fair presentation of all issues to the jury. His charge to the jury was comprehensive, fair and clear. While such excessive participation in the trial processes by a presiding judge is to be discouraged, appellant in this instance was not prejudiced. Judgment unanimously affirmed, with costs. Concur — Peck, P. J., Botein, Rabin, Cox and Valente, JJ.

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