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JOHNSON v. COMMERCIAL INTERIOR CONTRACTING CORP.

281 A.D.2d 394 (2001)

721 N.Y.S.2d 276

L. ERIC JOHNSON et al., Respondents-Appellants, v. COMMERCIAL INTERIOR CONTRACTING CORP. et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 5, 2001.

Ordered that the judgment is reversed, on the law, and a new trial is ordered before a different Justice, with costs to abide the event.

We agree with the defendants' contentions that a new trial is warranted on this record given the appearance of impropriety (see, People v Corelli, 41 A.D.2d 939; Taromina v Presbyterian Hosp., 242 A.D.2d 505; see also, Matter of Assini, ...

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