Caplan v. City of New York

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County, dated October 25, 1968, which granted plaintiff’s motion to set aside a special verdict in favor of defendant on the question of whether defendant was negligent, after a trial limited to the issues of liability. Order affirmed, with costs. We are of the opinion that it was prejudicial error not to admit into evidence a prior statement subscribed by the witness Kaufman in order to impeach his credibility. The prior statement contradicts the testimony given by the…