SKY v. KAHAN-FRANKL


47 A.D.2d 939 (1975)

David Sky, Appellant, v. Kalman R. Kahan-Frankl, Respondent. (And a Third-Party Action.)

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

April 21, 1975


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

This appeal presented no questions of fact. Plaintiff sustained an injury when struck in the eye by wire while defendant was allegedly trying to untangle the wire from a coil. At the trial, defense counsel was erroneously permitted to cross-examine plaintiff as to a recovery had by him in a medical malpractice action growing out of this incident (see CPLR 4533-b). The court further...

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