Glasier v. Troanovitch

Appellate Division of the Supreme Court of New York

Glasier v. Troanovitch

264 A.D. 940, 36 N.Y.S.2d 281, 1942 N.Y. App. Div. LEXIS 5428

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

DecidedJuly 1, 1942

StatusPublished

Cited by5 cases

This text of 264 A.D. 940 (Glasier v. Troanovitch) 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

Glasier v. Troanovitch, 264 A.D. 940, 36 N.Y.S.2d 281, 1942 N.Y. App. Div. LEXIS 5428 (N.Y. Ct. App. 1942).

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Opinion

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: It was error to permit plaintiff to prove that the driver of defendant’s truck had pleaded guilty to the crime of violating section 167 of the Labor Law. The driver’s plea of guilty amounted to an admission which was not a part of the res gestee, and he was not a party to the action. (Max v. Brookhaven Development Corp., 262 App. Div. 907; Cook v. A. & P. Tea Co., 244 id. 63; affd., 268 N. Y. 599; Golden v. Horn & Hardart Co., 244 App. Div. 92; affd., 270 N. Y. 544; Dunnet v. Levy, 261 App. Div. 295.) The cases of Schindler v. Royal Ins. Co. (258 N. Y. 310) and Same v. Davison (253 App. Div. 123) are not applicable. In each of those cases the witness who made the admission was a party to the action. All concur. (The judgment is for plaintiff in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and MeCurn, JJ.

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Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: It was error to permit plaintiff to prove that the driver of defendant’s truck had pleaded guilty to the crime of violating section 167 of the Labor Law. The driver’s plea of guilty amounted to an admission which was not a part of the res gestee, and he was not a party to the action. (Max v. Brookhaven Development Corp., 262 App. Div. 907; Cook v. A. & P. Tea Co., 244 id. 63; affd., 268 N. Y. 599; Golden v. Horn & Hardart Co., 244 App. Div. 92; affd., 270 N. Y. 544; Dunnet v. Levy, 261 App. Div. 295.) The cases of Schindler v. Royal Ins. Co. (258 N. Y. 310) and Same v. Davison (253 App. Div. 123) are not applicable. In each of those cases the witness who made the admission was a party to the action. All concur. (The judgment is for plaintiff in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and MeCurn, JJ.

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Bluebook (online)

264 A.D. 940, 36 N.Y.S.2d 281, 1942 N.Y. App. Div. LEXIS 5428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glasier-v-troanovitch-nyappdiv-1942.

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