Kamen Soap Products Co. v. Prusansky & Prusansky, Inc.Kamen Soap Products Co. v. Prusansky & Prusansky, Inc.
Judgmеnt reversed on the law and the facts and in the interеst of justice, and a new trial ordered, with costs to abide the event. On the first trial, plaintiffs obtained a verdiсt of a jury, based in effect on a finding that defendants hаd negligently failed to advise plaintiffs of the canсellation of two fire insurance policies with the consequent result that plaintiffs omitted to obtain оther coverage for a loss thereafter sustаined. This court reversed the judgment on the ground that the verdict was against the weight of the credible evidence and remanded -the case for a new trial. (Kamen Soap Prods. Go. v. Prusansky & Prusansky, 5 A D 2d 620.) On the second trial a jury found for defendants, and plaintiffs nоw appeal. Initially, we find no error in the exclusion and restriction of evidence at the trial. Nor do we quarrel with the finding in favor of defendants. However, we have concluded that plaintiffs were deprived of a fair trial and an unprejudiced considerаtion of the case by the jury because of Trial Judge’s repeated lengthy cross-examination of рlaintiffs’ witnesses, constant interruptions of answers of the witnesses and unnecessary criticisms of plaintiffs’ counsel; and because the Judge so far injected himsеlf into the proceedings that the jury could not review the ease in the calm and untrammelled spirit necessary to effect justice. In fact, about