DUGAN v. DIEBER


32 A.D.2d 815 (1969)

Robin Dugan, an Infant by Donald Dugan, Her Guardian ad Litem, et al., Appellants, v. Jack Dieber, Respondent

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

June 18, 1969


Judgment reversed, on the law and in the interests of justice, and new trial granted on the issue of liability only, with costs to abide the event. The findings of fact have not been affirmed.

In our opinion, the infant plaintiff having been injured while in a roadway in 1959, it was error to admit into evidence a photograph of the street to show parking conditions at the time of the accident, when the photograph depicted the street some years later when private dwellings...

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