SERV. FIRE INS. CO. v. LEDERMAN


279 A.D. 319 (1952)

Service Fire Insurance Company of New York, Appellant, v. Leon P. Lederman, Respondent Leland Hryniewicki, Appellant, v. Leon P. Lederman, Respondent

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

January 16, 1952.


Attorney(s) appearing for the Case

William E. J. Connor and Henry H. Koblintz for appellants.

R. Waldron Herzberg, R. Monell Herzberg and Earl S. Jones for respondent.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.


Per Curiam.

On the trial the mother of plaintiff Hryniewicki, who was riding with him at the time of the accident, was a witness on his behalf. Her testimony tended to show that her son was not negligent.

On cross-examination she was asked without any objection questions which would indicate that she had previously instituted an action against her son for her own injuries based on negligence. While there was...

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