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Appellate Terms of the Supreme Court of New York, 1948

Saltzman v. City of New York

Saltzman v. City of New York
Appellate Terms of the Supreme Court of New York · Decided February 17, 1948
191 Misc. 724; 78 N.Y.S.2d 407; 1948 N.Y. Misc. LEXIS 2255

Counsel

Robert Halpern and Milton E. Sahn for appellants., John P. McGrath, Corporation Counsel (David M. Fuchs and Seymour B. Quel of counsel), for respondent.

Saltzman v. City of New York

Opinion of the Court

Memorandum Per Curiam.

The enactment sought to be questioned is a reasonable exercise of the police power and is constitutional. The evidence of the prior conviction of an “ infraction ” or “ offense ” was not competent (Civ. Prac. Act, § 350; N. Y. War Emergency Act, § 100, subd. [d]; L. 1942, *726ch. 544). It cannot be said this evidence on the sharp issue of weight and credibility of plaintiffs’ testimony did not prejudice plaintiffs. Accordingly, the verdict was against the weight of the evidence. (Hull v. Littauer, 162 N. Y. 569.)

The judgments should be reversed and new trial ordered, with costs to appellants to abide the event.

Hammer, Church and Eder, JJ., concur.

Judgments reversed, etc.

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