Appellate Division of the Supreme Court of New York, 1968

Catapano v. Francis

Catapano v. Francis
Appellate Division of the Supreme Court of New York · Decided December 23, 1968
31 A.D.2d 650; 296 N.Y.S.2d 522; 1968 N.Y. App. Div. LEXIS 2587
Catapano v. Francis

Opinion of the Court

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 *651findings 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. Beldoek, P. J., Rabin, Benjamin, Munder and Martuseello, JJ., concur.

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