Opinion
November 10, 1939.
Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
Judgment and order reversed on the law and new trial granted, with costs to the appellants to abide the event. Memorandum: The court erred in not permitting proof of the conviction of the plaintiff. ( Schindler v. Royal Insurance Co., 258 N.Y. 310; Matter of Rechtschaffen, 278 id. 336.) All concur. (The judgment is for plaintiff in a civil action for assault. The order denies a motion for a new trial.)