CARLSON v. SCHADE


36 A.D.2d 852 (1971)

Leslie Carlson, an Infant, by Jean Carlson, His Natural Guardian, et al., Appellants, v. Martha Schade et al., Respondents

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

April 26, 1971


Judgment reversed on the law and in the interests of justice, and new trial ordered, with costs to abide the event.

One of the issues in this closely-contested negligence case was whether the defendant Robert Schade's conviction of the charge of reckless driving in the Justice Court of the Town of Cornwall was the result of a plea of guilty or of a finding of guilt after trial, the jury having been instructed that they were to disregard the conviction if it was based...

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