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MARTIN v. LEWIS

12 A.D.2d 750 (1961)

James Martin, Respondent, v. John W. Lewis et al., Defendants, and Eugene Skinner, Doing Business as S. & S. Paper Co., Appellant

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

January 24, 1961

Judgment in favor of plaintiff-respondent in the sum of $5,220 in an action for personal injuries, reversed, on the law, on the facts and in the exercise of discretion, and a new trial ordered, with costs to defendant-appellant.

Plaintiff-respondent's assigned reasons for calling as a witness defendant-appellant's trial counsel are specious. Where, as here, prejudicial testimony is clearly inadmissible, objections to the...

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