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WARD v. THISTLETON

32 A.D.2d 846 (1969)

Nancy Ward et al., Appellants, v. John F. Thistleton, Jr., Respondent

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

June 30, 1969

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

In our opinion, the cross-examination of plaintiff Willie Ward with respect to an alleged prior arrest of his wife, together with defense counsel's allusions thereto in the presence of the jury, was improper and resulted in substantial prejudice to plaintiffs (People v. Whitmoyer, 24 A.D.2d 611;

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