
    Sara Thom, Respondent, et al., Plaintiff, v. Jaymee Fashions. Inc., et al., Appellants.
    Argued April 12, 1971;
    decided June 10, 1971.
    
      
      William F. McNulty for appellants.
    
      Murray Ramson, Samuel Sumner Goldberg and Irving Hatterer for respondent.
   Order affirmed, with costs, on the opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Bergan and Gibson. Judge Jasen dissents and votes to reverse and grant a new trial in the following opinion in which Judges Scileppi and Breitel concur.

Jasen, J. (dissenting). The conduct of the Trial Judge by excessive participation in the cross-examination of the defendant Pagan deprived the defendants of a fair and impartial trial—particularly on the issue of liability. Although a Judge has broad discretion in the conduct of the trial and is not expected to be a mere moderator or spectator, he should not step beyond the bounds of impartiality by excessive participation so that his conduct creates the impression to the jury of his disbelief of the witnesses’ credibility. I am in agreement with the dissenters below that the court’s manner and extent of interrogation of the defendant Pagan exceeded the bounds of fairness resulting in prejudice to his right to a fair trial.

Accordingly, the order of the Appellate Division should be reversed and a new trial ordered.

Order affirmed, etc.  