A Manhattan appeals court threw out a $1.35 million verdict on Thursday, saying a trial judge committed reversible error when she decided from the bench that a breach of contract occurred, thereby stripping the issue from the jury.
An Appellate Division, First Department, panel ordered a new trial in McCarthy v. New York Kitchen & Bathroom, 651959/11, after rejecting a judgment by Manhattan Supreme Court Justice Margaret Chan, who had presided over a nine-day trial in which a jury found in favor of a couple who had sued over a home renovation project.
