Contracts · MBE-tested

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

228 A.D. 689·New York Supreme Court, Appellate Division·1930·NY

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Opinion

Celestino Cernudo, Respondent, v. William J. Schmidt and Charles Stebbins, Appellants. Carmen Cernudo, Respondent, v. William J. Schmidt and Charles Stebbins, Appellants. [MAJORITY] 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.