New York Court of Appeals, 1939

De Stasio v. Janssen Dairy Corp.

De Stasio v. Janssen Dairy Corp.
New York Court of Appeals · Decided January 11, 1939 · <italic>Per Curiam.</italic>
18 N.E.2d 833; 279 N.Y. 501; 1939 N.Y. LEXIS 884 (North Eastern Reporter, Second Series)

De Stasio v. Janssen Dairy Corp.

Opinion of the Court

Per Curiam.

Evidence that a plaintiff, in an action for negligence growing out of the operation of an automobile, has been previously convicted for a traffic infraction as defined by the Vehicle and Traffic Law (Cons. Laws, ch. 71), shall not be received to affect his credibility when a witness in an action or proceeding, and he may not be required to disclose a conviction therefor (Civ. Prac. Act, § 355).

Plaintiff was repeatedly required to disclose such previous convictions. In a case as close as this such error cannot be disregarded.

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Bippey, JJ., concur.

Judgments reversed, etc.

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