Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
PRAMER S.C.A., Plaintiff–Counterclaim Defendant–Respondent–Appellant, v. ABAPLUS INTERNATIONAL CORPORATION, Defendant–Counterclaim–Plaintiff–Appellant–Respondent.
Judgment, Supreme Court, New York County (Ira Gammerman, JHO), entered May 9, 2013, after a jury verdict, finding against defendant on plaintiff's breach of contract claim, and dismissing plaintiff's claims of fraud, unanimously affirmed, without costs.
In answering “yes” to the yes or no question sent out by the jury during deliberations, the trial court responded meaningfully to the jury question (see People v. Malloy, 55 N.Y.2d 296, 301 [1982], cert denied 459 U.S. 847 [1982] ). The court's charges on breach of contract and interested witness as to plaintiff's principal were not prejudicial, nor was the language of the jury verdict sheet “suggestive” (compare Leonard v. Davenport & Sons, 44 A.D.2d 781 [1st Dept 1974] ). Further, since none of the defendant's employees were actors in the transactions at issue, or had a motive to shield themselves from blame, the court's charge, which generally followed that of PJI 1:92, was appropriate. It was also proper for the trial court to find plaintiff's explanation concerning missing documents insufficient to avoid that charge as a matter of law, and instead put the question to the jury (see e.g. Gogos v. Modells, 87 AD3d 248, 254–255 [1st Dept 2011] ).
Finally, “a trial court has broad authority to control the courtroom, rule on the admission of evidence, elicit and clarify testimony, expedite the proceedings and to admonish counsel and witnesses when necessary” (Campbell v. Rogers & Wells, 218 A.D.2d 576, 579 [1995] ), and the record contains no evidence of bias, or any other action on the part of the court that deprived plaintiff of a fair trial.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 09, 2014
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)