Appellate Division of the Supreme Court of the State of New York November 12, 1970 (Luster v. Schwarz)

*873Reynolds, Staley, Jr. and Cooke, JJ., concur. Herlihy, P. J., and Greenblott, J., dissent and vote to reverse and reinstate the verdict, in the following memorandum: While the courts carefully scrutinize any allegation that a litigant did not receive a fair and impartial trial, it does not, of necessity, follow that every claim made constitutes a basis for determining that the trial was not