Judgment, insofar as it is in favor of respondents and against appellant, reversed and new trial granted as between appellant and respondents, with costs to appellant to abide the event.
There was no evidence that appellant was convicted of a crime. (Civ. Prac. Act, § 350; People v. Cardillo, 207 N.Y. 70.) It was therefore prejudicial error for the court to instruct the jury concerning the effect of a conviction on the credibility of a witness, in the...
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