Peck v. Saltzman

Appellate Terms of the Supreme Court of New York

Peck v. Saltzman

163 Misc. 50, 296 N.Y.S. 299, 1937 N.Y. Misc. LEXIS 1280

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 6, 1937

StatusPublished

This text of 163 Misc. 50 (Peck v. Saltzman) 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

Peck v. Saltzman, 163 Misc. 50, 296 N.Y.S. 299, 1937 N.Y. Misc. LEXIS 1280 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

A statement alleged to have been made to a police officer on the street shortly after an accident is not a statement in an “ inquiry ” as that term is used in section 343-a of the Civil Practice Act. The trial court was justified, therefore, in refusing to receive the police officer’s testimony in behalf of defendant as to what defendant’s chauffeur had said to him shortly after the accident, for the purpose of impeaching the chauffeur who, when called by defendant, had denied making the statements sought to be established.

Judgment affirmed, with costs.

All concur. Present — Levy, Hammer and Callahan, JJ.

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Per Curiam.

A statement alleged to have been made to a police officer on the street shortly after an accident is not a statement in an “ inquiry ” as that term is used in section 343-a of the Civil Practice Act. The trial court was justified, therefore, in refusing to receive the police officer’s testimony in behalf of defendant as to what defendant’s chauffeur had said to him shortly after the accident, for the purpose of impeaching the chauffeur who, when called by defendant, had denied making the statements sought to be established.

Judgment affirmed, with costs.

All concur. Present — Levy, Hammer and Callahan, JJ.

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Bluebook (online)

163 Misc. 50, 296 N.Y.S. 299, 1937 N.Y. Misc. LEXIS 1280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-saltzman-nyappterm-1937.