Catapano v. Francis

Appellate Division of the Supreme Court of New York

Catapano v. Francis

31 A.D.2d 650, 296 N.Y.S.2d 522, 1968 N.Y. App. Div. LEXIS 2587

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1968

StatusPublished

This text of 31 A.D.2d 650 (Catapano v. Francis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catapano v. Francis, 31 A.D.2d 650, 296 N.Y.S.2d 522, 1968 N.Y. App. Div. LEXIS 2587 (N.Y. Ct. App. 1968).

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Opinion

Judgment of the Supreme Court, Queens County, entered December 20, 1965, reversed, on the law, and new trial granted, with costs to appellants to abide the event. The [651]*651findings of fact below are affirmed. In our opinion it was error to receive in evidence, over appellants’ objection, the self-serving written statement of defendant Francis, which was made 24 days after the accident. We consider this error sufficiently prejudicial to require a new trial. Beldoek, P. J., Rabin, Benjamin, Munder and Martuseello, JJ., concur.

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Judgment of the Supreme Court, Queens County, entered December 20, 1965, reversed, on the law, and new trial granted, with costs to appellants to abide the event. The [651]*651findings of fact below are affirmed. In our opinion it was error to receive in evidence, over appellants’ objection, the self-serving written statement of defendant Francis, which was made 24 days after the accident. We consider this error sufficiently prejudicial to require a new trial. Beldoek, P. J., Rabin, Benjamin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

31 A.D.2d 650, 296 N.Y.S.2d 522, 1968 N.Y. App. Div. LEXIS 2587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catapano-v-francis-nyappdiv-1968.