De Stasio v. Janssen Dairy Corp.
Cases that cite this one
3 later published cases cite this decision.
- Como v. Bastolla (Appellate Division of the Supreme Court of New York 1963)
- Walther v. News Syndicate Co. (Appellate Division of the Supreme Court of New York 1949)
- Matter of Hart v. Mealey (N.Y. 1941)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.