COHENS v. HESS


92 N.Y.2d 511 (1998)

705 N.E.2d 1202

683 N.Y.S.2d 161

Mary E. Cohens et al., Appellants, v. Brian Hess, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1998.


Attorney(s) appearing for the Case

Michaels, Bell & Smolak, P. C., Auburn (Michael G. Bersani of counsel), for appellants.

Trevett, Lenweaver & Salzer, P. C., Rochester (Thomas N. Trevett and Cynthia A. Constantino of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur.


SMITH, J.

In this appeal, we consider whether a plea of guilty to a traffic offense which by leave of court has been withdrawn can remain as admissible evidence in a subsequent civil action seeking damages. Because, under the circumstances of this case, we conclude that the withdrawn plea was admissible in the subsequent civil action, we hold that the trial court committed reversible error by prohibiting plaintiff...

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