BELTRONE v. NEW YORK CITY TRANSIT AUTH.


33 A.D.2d 907 (1970)

Ann Beltrone et al., Appellants, v. New York City Transit Authority, Respondent, et al., Defendant

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

January 12, 1970


Judgment reversed, on the law, and new trial granted as between appellants and respondent, limited to the issues of liability, with costs to abide the event.

The findings of fact below are affirmed. In our opinion, no proper foundation for the admission into evidence of the written report of respondent's bus driver, as a prior consistent statement, was present. As a witness at the trial he was charged only with mistake or...

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