WIRTH v. DE VITO


74 A.D.2d 827 (1980)

Rudolph Wirth et al., Appellants, v. Frederick De Vito, Respondent

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

March 3, 1980


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

In light of the inadmissibility of the hospital record, the trial court erred in failing to instruct the jurors to disregard the questions put to plaintiff Daniel Wirth by defense counsel in an effort to lay a foundation for the hospital record. These questions were highly prejudicial and may well have given the jury the impression that said plaintiff had made inconsistent statements...

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