Gulotta v. Fifth Avenue Coach Co.

Appellate Terms of the Supreme Court of New York

Gulotta v. Fifth Avenue Coach Co.

165 Misc. 101, 300 N.Y.S. 648, 1937 N.Y. Misc. LEXIS 1973

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 23, 1937

StatusPublished

This text of 165 Misc. 101 (Gulotta v. Fifth Avenue Coach Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gulotta v. Fifth Avenue Coach Co., 165 Misc. 101, 300 N.Y.S. 648, 1937 N.Y. Misc. LEXIS 1973 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

While it was proper, and so conceded by defendant’s counsel, to ask the plaintiff whether he had told defendant’s driver after the accident that he, the plaintiff, had not been hurt as a result of the collision, the ruling permitting the conversation between plaintiff and the driver to establish defendant’s liability presents reversible error.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur. Present — Lydon, Levy and Frankenthaler, JJ.

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Per Curiam.

While it was proper, and so conceded by defendant’s counsel, to ask the plaintiff whether he had told defendant’s driver after the accident that he, the plaintiff, had not been hurt as a result of the collision, the ruling permitting the conversation between plaintiff and the driver to establish defendant’s liability presents reversible error.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur. Present — Lydon, Levy and Frankenthaler, JJ.

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Bluebook (online)

165 Misc. 101, 300 N.Y.S. 648, 1937 N.Y. Misc. LEXIS 1973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulotta-v-fifth-avenue-coach-co-nyappterm-1937.