Legal Opinion · Dissent

Ando v. Woodberry

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

Decided November 4, 1959Published

1DissentMcNally, J.

I dissent and vote for the reversal of the judgment and for a new trial.

In this action for personal injuries, plaintiff-appellant assigns error in the exclusion of two convictions for traffic offenses arising out of the occurrence upon a plea of guilty.

On December 28, 1955, at or about 4:00 p.m., on a clear dry day, plaintiff, a police officer of the City of New York, operating a motorcycle, was struck by defendants’ automobile at the intersection of Fifth Avenue near 110th Street, Borough of Manhattan, City of New York. Plaintiff’s evidence was that defendant-respondent Edward Nichols, the…

2Cases cited10 opinions

  1. Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
  2. Gangi v. . FradusNew York Court of Appeals · 1920
  3. In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
  4. People v. FormatoAppellate Division of the Supreme Court of the State of New York · 1955
  5. Matter of Hart v. MealeyNew York Court of Appeals · 1941

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