Summary
In Max v. Brookhaven Development Corp. (262 App. Div. 907), the Appellate Division, Second Department, relying upon Roach v. Yonkers R.R. Co. (242 App. Div. 195), held inadmissible against a defendant a certificate of conviction upon a plea of guilty to a charge of reckless driving in respect of the accident involved.
Summary of this case from Ando v. WoodberryOpinion
June 30, 1941.
Appeal from Municipal Court of the City of New York, Borough of Brooklyn.
Order of the Appellate Term reversed on the law and the facts, judgment of the Municipal Court vacated, and a new trial ordered, with costs in this court and in the Appellate Term to the appellant to abide the event. The negligence of the operator of the automobile is alleged to have been established by offering in evidence a certificate of conviction showing that on the day of the accident he had pleaded guilty to a charge of reckless driving. Assuming that this charge arose out of this accident, of which fact there is no proof, the admission of such certificate constituted error. ( Roach v. Yonkers Railroad Co., 242 App. Div. 195. ) While the admission was not objected to, where, as here, the recovery is based largely upon such incompetent evidence, a new trial will be ordered in the interests of justice. ( Stoppick v. Goldstein, 174 App. Div. 306.) The record contains other errors concerning the admission of hearsay evidence, but as a new trial is to be had it is unnecessary to discuss them. Lazansky, P.J., Hagarty, Carswell, Johnston and Close, JJ., concur.