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FEBLOT v. N. Y. TIMES CO.

39 A.D.2d 227 (1972)

Eve M. Feblot, Respondent, v. New York Times Company, Appellant, et al., Defendant

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

June 20, 1972.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Daniel J. Coughlin, attorney), for appellant.

Robert Long of counsel (Jack J. Albert with him on the brief; Long & Albert, attorneys), for respondent.

STEVENS, P. J., and McGIVERN, J., concur with CAPOZZOLI, J.; McNALLY, J., dissents in opinion, in which STEUER, J., concurs.

CAPOZZOLI, J.

The court is unanimous in its determination that the doctrine of res ipsa loquitur is applicable to this case and, therefore, we will discuss only the arguments advanced in the dissent.

The dissent contends that the trial court erred in refusing to admit into evidence a certain paper, claimed to be a report of the accident, written out by the witness, Zaccor, after a conversation...

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