Lizzo v. O'Connor
| Decision Date | 10 October 1955 |
| Citation | 145 N.Y.S.2d 101,286 A.D. 1021 |
| Parties | Gerald LIZZO, appellant, v. Stephen O'CONNOR, respondent. |
| Court | New York Supreme Court — Appellate Division |
Thomas J. Brady, New York City, for appellant, James G. Purdy, New York City, on the brief.
Herbert W. J. Hargrave, Bay Shore, for respondent.
Before NOLAN, P. J., and WENZEL, SCHMIDT, BELDOCK and UGHETTA, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for injury to plaintiff's automobile resulting from a collision between automobiles owned and operated by plaintiff and defendant respectively, defendant counterclaimed to recover damages for injury to his automobile. Plaintiff appeals from a judgment of the County Court, Suffolk County, entered upon a verdict in favor of defendant on plaintiff's cause of action and in favor of the defendant upon his counterclaim.
Judgment reversed on the law and the facts and a new trial ordered, with costs to appellant to abide the event.
The trial court erred in permitting cross-examination of the plaintiff with respect to his involvement in prior accidents. Grenadier v. Surface Transport Corp. of N. Y., 271 App.Div. 460, 66 N.Y.S.2d 130. In view of the sharp conflict in the testimony of the plaintiff and the defendant, who were the only witnesses called, we may not disregard the error by virtue of section 106 of the Civil Practice Act.
To continue reading
Request your trial
-
Molinari v. Conforti & Eisele, Inc.
...belief (Palmeri v. Manhattan Ry., 133 N.Y. 261, 30 N.E. 1001; Hartley v. Szadkowski, 32 A.D.2d 550, 300 N.Y.S.2d 82; Lizzo v. O'Connor, 286 App.Div. 1021, 145 N.Y.S.2d 101; Grenadier v. Surface Transportation Corp. of N.Y., 271 App.Div. 460, 66 N.Y.S.2d Here, plaintiff was asked on cross-ex......
-
Devine v. Keller
...Traction Company, 203 N.Y. 321, 96 N.E. 731; Palmeri v. Manhattan Ry. Co., 133 N.Y. 261, 30 N.E. 1001, 16 L.R.A. 136; Lizzo v. O'Connor, 286 App.Div. 1021, 145 N.Y.S.2d 101; Grenadier v. Surface Transport Corp. of N.Y., 271 App.Div. 460, 66 N.Y.S.2d 130) it is proper to allow inquiry concer......
-
Hartley v. Szadkowski
...affected a substantial right and under the circumstances of this case may not be disregarded under CPLR 2002 (see Lizzo v. O'Connor, 286 App.Div. 1021, 145 N.Y.S.2d 101). The evidence, if offered to show that plaintiff was generally careless, was incompetent (Warner v. New York Cent. R.R. C......
-
Bowers v. Johnson
...thus is litigious and undeserving of belief (Palmeri v. Manhattan Ry. Co., 133 N.Y. 261, 30 N.E. 1001, 16 L.R.A. 136; Lizzo v. O'Connor, 286 App.Div. 1021, 145 N.Y.S.2d 101; Grenadier v. Surface Transp. Corp. of N.Y., 271 App.Div. 460, 66 N.Y.S.2d 130), nevertheless it is open to one charge......