Luft v. Kaplan

123 Misc. 156 | N.Y. App. Term. | 1924

Per Curiam.

The jury having retired and later requested certain information, it was manifestly error for the trial justice, in the absence of counsel and without their consent, to transmit his instructions to the jury through a court attendant. Judgment, therefore, reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Wagner and Wasservogel, JJ.

Judgment reversed.