De Stasio v. Janssen Dairy Corp.

New York Court of Appeals
De Stasio v. Janssen Dairy Corp., 18 N.E.2d 833 (N.Y. 1939)
279 N.Y. 501; 1939 N.Y. LEXIS 884
<italic>Per Curiam.</italic>

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.

Reference

Full Case Name
Louis De Stasio, Appellant, v. Janssen Dairy Corporation, Respondent
Cited By
3 cases
Status
Published