ZIZZI v. EVANS


3 A.D.2d 644 (1956)

Crystal Zizzi, as Administratrix of The Personal Estate of John Zizzi, Deceased, Respondent, v. Stanley L. Evans, as Administrator of The Estate of Albert Castelli, Deceased, Appellant

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

December 20, 1956


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

Memorandum:

In our opinion the defendant was prejudiced by the attempt of the plaintiff to show causal connection between the accident and the carcinoma of the lung from which plaintiff was suffering at the time of the trial. There is no claim that plaintiff was surprised by the testimony of his physician that it was impossible for the...

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