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CAPONE v. NEW YORK CITY HOUS. AUTH.

29 A.D.2d 951 (1968)

Ciro Capone, Appellant-Respondent, v. New York City Housing Authority et al., Respondents-Appellants New York City Housing Authority, Third-Party Plaintiff-Appellant v. Herman H. Schwartz, Inc., Third-Party Defendant-Respondent

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

April 8, 1968

Judgment reversed, on the law, and new trial ordered, with costs to abide the event. The findings of fact below are affirmed.

During the course of trial, defendants were properly permitted to cross-examine plaintiff with regard to a bill of particulars which he had verified in an action arising out of a prior accident, as the bill set forth injuries similar to those claimed to have been sustained by him in the instant case...

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