JOHNSON v. NEW YORK CITY TRANSIT AUTH.


79 A.D.2d 982 (1981)

Cicero Johnson, Sr., as Administrator of The Estate of Cicero Johnson, Jr., Deceased, Respondent, v. New York City Transit Authority, Appellant

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

January 12, 1981


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

In this action involving the death of an 11-year-old boy who was killed in a subway accident, the trial court refused to allow defense counsel to impeach a defense witness by introducing a signed prior inconsistent statement of the witness. The witness testified that he had not seen plaintiff's decedent hold on to or place his feet on the outside of the subway train. This was contrary...

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