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FICARRA v. SESTAK

15 A.D.2d 495 (1961)

Augustine Ficarra, Respondent, v. William Sestak, Appellant

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

December 4, 1961

Judgment reversed, without costs, and a new trial ordered.

Defendant rested on plaintiff's case. The only proof as to the cause of the accident was: (a) plaintiff's testimony that, a few days after the accident, defendant made an incriminatory statement to him; (b) a hospital record containing a statement by plaintiff exculpating defendant; and (c) testimony and a memorandum by a police officer concerning a similar exculpatory...

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