Legal Opinion
Knibbs v. Wagner
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 1961PublishedCited by 23 opinions
1Opinion of the Court
Memorandum: (1) While the allegation that the defendant had pleaded guilty to a charge of driving while intoxicated, in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law was evidentiary in character, it was not irrelevant or prejudicial and therefore should not have been stricken out upon a motion under rule 103 of the Rules of Civil Practice. Proof of the conviction will be admissible upon the trial, since the conviction was of a crime and not of a mere traffic infraction and relates to the matters in issue (People v. Formato, 286 App. Div. 357, affd. 309 N. Y. 979;…
2Cases cited5 opinions
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954
- In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
- People v. FormatoNew York Court of Appeals · 1956
- People v. FormatoAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by23 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- M. S. R. Associates Ltd. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Sweeney v. McCormickAppellate Division of the Supreme Court of the State of New York · 1990
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Levy v. Blue Cross & Blue Shield of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1986
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