Opinion
June 18, 1943.
Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Judgment and order reversed on the law, without costs of this appeal to either party and a new trial granted, on the ground that it was prejudicial error to exclude rebuttal evidence offered by the plaintiff to corroborate the testimony of the witness Ehrensbeck that he was present at the scene of the accident. (See Ferris v. Sterling, 214 N.Y. 249, 254.) All concur, except Taylor and McCurn, JJ., who dissent and vote for affirmance. (The judgment is for defendant for no cause of action in an automobile negligence action. The order denies plaintiff's motion for a new trial.)