Document Type

Article

Publication Date

4-30-1993

Abstract

Plaintiffs-appellants-cross-appellees Eliezer Moshe Malek and Malke Malek ("the Maleks") appeal from a judgment entered after a jury trial in the United States District Court for the Southern District of New York (Gagliardi, J.) dismissing their complaint. The Maleks, a married couple, commenced this action to recover the proceeds of their fire insurance policy after defendant-appellee-cross-appellant Federal Insurance Company ("Federal") rejected their claim. The district court dismissed the Maleks' complaint after the jury returned a verdict, the jury having found that the Maleks concealed or misrepresented material facts during Federal's investigation of the fire that destroyed their property and that the Maleks intentionally caused the fire.

The Maleks contend that the district court erred in, inter alia, excluding the relevant testimony of a social worker who was prepared to testify on the basis of her personal knowledge and business records; sequestering the Maleks' expert during the testimony of the defendants' expert, where the presence of the Maleks' expert was essential to the Maleks' cross examination of the defendants' expert; and permitting defense counsel to cross examine a witness about his religious affiliation and the religious affiliation of his clients. For the reasons set forth below, we agree with the Maleks that the district court erred in making these rulings and that these errors substantially affected the outcome of the trial.

Comments

994 F.2d 49 (1993)

Eliezer Moshe MALEK and Malke Malek, Plaintiffs-Appellants-Cross-Appellees,

v.

FEDERAL INSURANCE COMPANY; Sea Insurance Company, Limited, Defendants-Appellees-Cross-Appellants.

No. 742, Dockets 92-7782, 92-7858. United States Court of Appeals, Second Circuit.

Argued December 30, 1992.

Decided April 30, 1993.

New York Law School location: File #1628, Box #131

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