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COLON v. AUTOMATIC RETAILERS

74 Misc.2d 665 (1973)

Victoria Colon, Respondent, v. Automatic Retailers Association Service, Inc., Also Known as Ara Service, Inc., Appellant, and British Overseas Airways Corporation, Also Known as BOAC, Respondent and Third-Party Plaintiff. Collins M. Ward et al., Third-Party Defendants.

Supreme Court, Appellate Term, First Department.

July 27, 1973

Attorney(s) appearing for the Case

Mele & Cullen (Joseph D. Ahearn of counsel), for appellant. Schneider, Kleinick, Weitz & Damashek (Lewis I. Wolf of counsel), for Victoria Colon, respondent. Chadbourne, Parke, Whiteside & Wolff (Edward F. Hayes, III, Paul G. Pennoyer, Jr., and Frank A. Sherer, Jr., of counsel), for British Overseas Airways Corporation, respondent.

Concur — MARKOWITZ, P. J., LUPIANO and QUINN, JJ.

Per Curiam.

The introduction into evidence of photographs of the accident site showing subsequent alterations coupled with plaintiff's arguments that the lack of such alterations as of the date of the accident constituted negligence was prejudicial error. (See Cahill v. Kleinberg, 233 N.Y. 255; Frummer v. Hilton Hotels Int., 60 Misc.2d 840.)

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