Opinion
November 1, 1943.
Action to recover damages for personal injuries suffered as a consequence of plaster falling upon the plaintiff while he was in a loft building owned by the defendant. Judgment for the defendant reversed on the law and a new trial granted, with costs to abide the event. The court committed error in excluding the testimony of plaintiff's medical witness as to the condition or conditions for which the electro-encephalogram was a test. It was also error to exclude the electro-encephalogram and the records respecting it made in the regular course of business. (Civ. Prac. Act, § 374-a; People v. Kohlmeyer, 284 N.Y. 366.) It may not be said that these errors were not prejudicial. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.