Respondent shall recover of appellant $50 costs and disbursements of this appeal.
The admission of the evidence of acquittal was undoubtedly to counter the prejudicial remarks in the opening made on behalf of defendant-appellant. Even if the admission of the acquittal evidence was error (cf. Schindler v. Royal Ins. Co., 258 N.Y. 310), the Trial Judge in his charge to the jury, stated, without exception, "The fact that the plaintiff was subsequently acquitted...
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