Appellate Terms of the Supreme Court of New York, 1959

Anderson v. Permanent Land No. 7 Corp.

Anderson v. Permanent Land No. 7 Corp.
Appellate Terms of the Supreme Court of New York · Decided June 16, 1959 · Brown, Hart, Pette
18 Misc. 2d 240; 192 N.Y.S.2d 548; 1959 N.Y. Misc. LEXIS 3463

Counsel

Casper B. Ughetta and William C. Mattison for appellants., Eugene E. Lefkoivitz and Sillik Pollayes for respondent.

Anderson v. Permanent Land No. 7 Corp.

Opinion of the Court

Per Curiam.

The portion of plaintiff’s report to the Workmen’s Compensation Board in which he described the alleged negligent condition was self-serving, and its admission in evidence erroneous and prejudicial to the defendants. (Bloom v. Union Ry. Co., 165 App. Div. 257; Trampusch v. Kastner, 242 App. Div. 803; Clark v. Thompson, 258 App. Div. 748; Bernstein v. Repatsky, 2 Misc 2d 938; Robb v. Hackley, 23 Wend. 50.)

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with costs to the defendants (o abide the event.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.