BELLINGER v. TOWN OF SALISBURY


278 A.D. 631 (1951)

Kenneth Bellinger, Respondent, v. Town of Salisbury, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 24, 1951.


Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

Defendant was entitled to inquire of plaintiff Bellinger on cross-examination whether he had "received any moneys from Yurkewicz or any of his representatives or attorneys." It was material on the question of damages. (Knapp v. Roche, 94 N.Y. 329; Ammerman v. Utilities Oil Corp., 222 App. Div. 481.) Exclusion of the evidence...

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