De Stasio v. Janssen Dairy Corp.

New York Court of Appeals

De Stasio v. Janssen Dairy Corp.

18 N.E.2d 833, 279 N.Y. 501, 1939 N.Y. LEXIS 884

CourtNew York Court of Appeals

DecidedJanuary 11, 1939

StatusPublished

Cited by3 cases

This text of 18 N.E.2d 833 (De Stasio v. Janssen Dairy Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Stasio v. Janssen Dairy Corp., 18 N.E.2d 833, 279 N.Y. 501, 1939 N.Y. LEXIS 884 (N.Y. 1939).

Pincite

Opinion

Per Curiam.

Evidence that a plaintiff, in an action for negligence growing out of the operation of an automobile, has been previously convicted for a traffic infraction as defined by the Vehicle and Traffic Law (Cons. Laws, ch. 71), shall not be received to affect his credibility when a witness in an action or proceeding, and he may not be required to disclose a conviction therefor (Civ. Prac. Act, § 355).

Plaintiff was repeatedly required to disclose such previous convictions. In a case as close as this such error cannot be disregarded.

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Bippey, JJ., concur.

Judgments reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI