Borgo v. Sontag

Mangano, J.,

dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: Over plaintiff’s objection, the trial court erroneously admitted into evidence a mechanic’s bill for work allegedly performed on the brakes of defendant David Sontag’s van one month prior to an accident involving the plaintiff pedestrian and defendant Patricia Sontag, the driver of the vehicle. Inasmuch as the plaintiff and the defendant driver offered significantly different versions of the details of the incident, credibility was a key issue to be resolved by the jury. The improper…