SCHLOBOHM v. COMMAND TRUCKING CORP.


52 A.D.2d 844 (1976)

Walter Schlobohm et al., Respondents, v. Command Trucking Corp., Defendant and Third-Party Plaintiff-Appellant; Archie Fields, Appellant. City of New York, et al., Third-Party Defendants-Respondents. (And a Fourth-Party Title.)

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

May 3, 1976


Interlocutory judgment affirmed, with one bill of costs jointly to respondents appearing separately and filing separate briefs.

Although the trial court could have admitted the police memorandum into evidence upon the issue of the existence of a stop sign, as it was a report made in the regular course of business, appellants did not urge this theory as a ground for its admission (see CPLR 4518, subd [a]). In any event, we are of the opinion that overwhelming evidence...

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