GREENHALGH v. COMMERCIAL INS. CO. OF NEWARK, NEW JERSEY


25 A.D.2d 916 (1966)

Ralph Greenhalgh, Respondent, v. Commercial Insurance Company of Newark, New Jersey, Appellant

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

May 20, 1966


HERLIHY, J.

The plaintiff had previously obtained a jury verdict of $7,200 against the defendant's insured in a negligence action. The defendant's defense to this action was that its insured had failed to co-operate with it because he had given a certain statement to the plaintiff's attorneys about two months before the negligence trial. In the statement in question he said: "I was going too fast to stop." In his examination before trial, at which the...

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