Tinney v. Neilson's Flowers, Inc.

This motion for a new trial, made pursuant to CPLR 4404 (subd. [a]) and 4405, is predicated upon three grounds. The reasons for the court’s rulings on two of the grounds were sufficiently stated on the record and will not be discussed further. The third ground is that it was error to allow into evidence that part of the Central Islip Hospital record dealing with alcoholism and tending to show that decedent was an alcoholic.

Since the moving papers do not include a stenographic transcript, what follows is based upon the court’s notes and recollection. The evidence in question was admitted on…