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Foley v. Brooklyn Eastern District Terminal

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 729 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Judgment, as amended, reversed on the law, and a new trial granted, with costs to appellant to abide the event. It was error to admit in evidence plaintiff's Exhibit 3-3A, because, first, being in part at least a contradictory statement, it was used to impeach plaintiff's witness; second, a part of the statement was a conclusion of the witness, growing out of conditions which he did not see. Kelly, P.J., Jaycox, Young, Kapper and Lazansky, JJ., concur.


Summaries of

Foley v. Brooklyn Eastern District Terminal

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 729 (N.Y. App. Div. 1927)
Case details for

Foley v. Brooklyn Eastern District Terminal

Case Details

Full title:MARY FOLEY, as Administratrix, etc., of JOHN FOLEY, Deceased, Respondent…

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

Date published: Jan 1, 1927

Citations

219 App. Div. 729 (N.Y. App. Div. 1927)