General

Josephine M. Largy and Bronx County Garage Owners' Association, Inc., Respondents, v. Alpert & Burday, Inc., Appellant

258 A.D. 1047·New York Supreme Court, Appellate Division·1940·NY

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Opinion

Josephine M. Largy and Bronx County Garage Owners’ Association, Inc., Respondents, v. Alpert & Burday, Inc., Appellant. [MAJORITY] Judgement affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; Martin, P. J., and Townley, J., dissent and vote to reverse and grant a new trial on the ground of prejudicial conduct on the part of plaintiffs’ counsel tending to indicate that the license of one of the witnesses was revoked after he had testified at a hearing before the Commissioner of Motor Vehicles in connection with the accident.