Como v. Bastolla

— Judgment appealed from unanimously reversed on the law, and a new trial ordered in the exercise of discretion and in the interests of justice, with costs to abide the event. Reversible error was committed in receiving into evidence the record of previous traffic infractions which the trial court considered as “both relevant and material” to its determination (cf. De Btasio v. Janssen Dairy Corp., 279 N. Y. 501). The issue of negligence in this case was to be determined by the court on the evidence before it and not on the basis of a presumption raised or created by reason of the prior…