Legal Opinion

Nachwalter v. Feldman

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1954PublishedCited by 1 opinion

1Opinion of the Court

— In an action to recover damages for personal injuries and for medical expenses and loss of services incidental thereto, judgment in favor of plaintiffs reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. After a witness for the defendant had testified, there was received in evidence, on her cross-examination, a statement which she had made out of court, which differed from her testimony given on the trial, and which if considered as affirmative evidence of the facts could have influenced the jury in deciding that the accident complained of…

2Cases cited2 opinions

  1. Lynch v. PrattAppellate Division of the Supreme Court of the State of New York · 1927
  2. Doherty v. StewartAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by1 opinion

  1. Springer v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1959

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