Appellate Division of the Supreme Court of New York, 1960

Holland v. Gallagher

Holland v. Gallagher
Appellate Division of the Supreme Court of New York · Decided October 3, 1960
11 A.D.2d 1027; 205 N.Y.S.2d 649; 1960 N.Y. App. Div. LEXIS 7941
Holland v. Gallagher

Opinion of the Court

In an action to recover damages for injuries to person and property sustained by plaintiff when defendant’s automobile ran into the rear of his (plaintiff’s) automobile while it was stationary, plaintiff was granted summary judgment. Defendant appeals from a judgment of the Supreme Court, Queens County, entered October 14, 1959, fixing plaintiff’s damages, after a jury trial which was held for that purpose. Judgment affirmed, with costs. If it be assumed that it was error for the court to charge that defendant was obligated to testify if he could throw additional light on the case, such error did not violate any of appellant’s substantial rights and may be disregarded (Civ. Prac. Act, § 106). Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.

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