Catapano v. Francis

Full title: ANTHONY CATAPANO et al., Appellants, v. ARLENE FRANCIS et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 23, 1968

31 A.D.2d 650 (N.Y. App. Div. 1968)

Opinion

December 23, 1968

Judgment of the Supreme Court, Queens County, entered December 20, 1965, reversed, on the law, and new trial granted, with costs to appellants to abide the event. The findings of fact below are affirmed. In our opinion it was error to receive in evidence, over appellants' objection, the self-serving written statement of defendant Francis, which was made 24 days after the accident. We consider this error sufficiently prejudicial to require a new trial. Beldock, P.J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.