Opinion
June, 1928.
Present — Dowling, P.J., Finch, McAvoy, Martin and Proskauer, JJ.
Judgment and order reversed, with costs, and motion granted restoring the cause to the calendar for trial. It is not shown that the plaintiff will have to rely upon an illegal transaction to make out his cause of action. The disclosures go to the credibility of the plaintiff, and this issue is for the jury. ( People v. O'Neil, 109 N.Y. 251, 265; Williams v. D., L. W.R.R. Co., 155 id. 158; Civ. Prac. Act, § 350.)