Anderson v. Permanent Land No. 7 Corp.

Appellate Terms of the Supreme Court of New York

Anderson v. Permanent Land No. 7 Corp.

18 Misc. 2d 240, 192 N.Y.S.2d 548, 1959 N.Y. Misc. LEXIS 3463

Appellate Terms of the Supreme Court of New York·Decided June 16, 1959·Published

Opinion

Per Curiam.

The portion of plaintiff’s report to the Workmen’s Compensation Board in which he described the alleged negligent condition was self-serving, and its admission in evidence erroneous and prejudicial to the defendants. (Bloom v. Union Ry. Co., 165 App. Div. 257; Trampusch v. Kastner, 242 App. Div. 803; Clark v. Thompson, 258 App. Div. 748; Bernstein v. Repatsky, 2 Misc 2d 938; Robb v. Hackley, 23 Wend. 50.)

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with costs to the defendants (o abide the event.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The portion of plaintiff’s report to the Workmen’s Compensation Board in which he described the alleged negligent condition was self-serving, and its admission in evidence erroneous and prejudicial to the defendants. (Bloom v. Union Ry. Co., 165 App. Div. 257; Trampusch v. Kastner, 242 App. Div. 803; Clark v. Thompson, 258 App. Div. 748; Bernstein v. Repatsky, 2 Misc 2d 938; Robb v. Hackley, 23 Wend. 50.)

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with costs to the defendants (o abide the event.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

Anderson v. Permanent Land No. 7 Corp., 18 Misc. 2d 240, 192 N.Y.S.2d 548, 1959 N.Y. Misc. LEXIS 3463 (N.Y. Ct. App. 1959).

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Opinion

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