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Bellinger v. Town of Salisbury

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1951
278 App. Div. 631 (N.Y. App. Div. 1951)

Opinion

January 24, 1951.

Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.


Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Defendant was entitled to inquire of plaintiff Bellinger on cross-examination whether he had "received any moneys from Yurkewicz or any of his representatives or attorneys." It was material on the question of damages. ( Knapp v. Roche, 94 N.Y. 329; Ammerman v. Utilities Oil Corp., 222 App. Div. 481.) Exclusion of the evidence under the circumstances presents reversible error. All concur. (Appeal from a judgment for plaintiff in a negligence action. The order denied a motion for a new trial.)


Summaries of

Bellinger v. Town of Salisbury

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1951
278 App. Div. 631 (N.Y. App. Div. 1951)
Case details for

Bellinger v. Town of Salisbury

Case Details

Full title:KENNETH BELLINGER, Respondent, v. TOWN OF SALISBURY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 24, 1951

Citations

278 App. Div. 631 (N.Y. App. Div. 1951)

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