LIZZO v. O'CONNOR


286 A.D. 1021 (1955)

Gerald Lizzo, Appellant, v. Stephen O'Connor, Respondent

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

October 10, 1955.


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

The trial court erred in permitting cross-examination of the plaintiff with respect to his involvement in prior accidents. (Grenadier v. Surface Transp. Corp. of N. Y., 271 App. Div. 460.) In view of the sharp conflict in the testimony of the plaintiff and the defendant, who were the only witnesses called, we may not disregard the error by virtue...

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