Tobia v. Loiacono

OPINION OF THE COURT

Memorandum.

Judgment in plaintiff’s favor unanimously reversed, without costs, and a new trial ordered.

In this small claims action involving an automobile *690property damage case, plaintiff’s mother testified that she was driving plaintiffs car with her consent, but in her absence and not upon her business; that she was struck by defendant’s car; that she took the car in to be repaired and paid $500 for such repairs. Over objection, the court admitted the paid bill into evidence.

In our opinion, the judgment should be reversed since the paid bill dated August 21, 1975 was…