Malus v. Sperry-Rand Corporation

Full title: JOSEPH MALUS, Respondent, v. SPERRY-RAND CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 7, 1956

2 A.D.2d 877 (N.Y. App. Div. 1956)

Opinion

November 7, 1956

Judgment unanimously affirmed, with costs. There was error in the charge respecting the failure to call one Haley, but we think the error was not of sufficient consequence to warrant reversal of the judgment and the granting of a new trial. We may not consider the question of privilege since the defendant did not take the necessary steps to develop the evidence or require the submission of the question to the jury by way of request or exception.

Concur — Peck, P.J., Breitel, Cox, Frank and Bastow, JJ. [See post, p. 967.]