¶1Judgment and order reversed on the law and facts and new trial granted, with costs to appellants to abide event, upon the ground that the striking out of the statement of the plaintiff constituted reversible error (Larkin v. Nassau Electric R. R. Co., 205 N. Y. 267; Ferrari v. Webb, 210 App. Div. 400) and the summing up of plaintiff’s counsel was prejudicial and error as matter of fact. All concur. Present —• Hubbs, P. J., Clark, Davis, Sears and Taylor, JJ.
214 A.D. 810
Devine v. Foley
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-06-15
Relies on Larkin v. . Nassau Electric R.R. Co.
Decided 1925-06-15