Legal Opinion

Chirco v. Star Theatre Amusement Co.

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

Decided December 15, 1929Published

1Opinion of the Court

Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event. The court erred in excluding testimony at folio 134. (Hubbell v. City of Yonkers, 104 N. Y. 434, 439; Boutet v. City of New York, 199 App. Div. 835, 842; 1 Wigm. Ev. [2d ed.[ §§ 448, 449.) Young and Carswell, JJ., concur; Lazansky, P. J., concurs in result and votes for reversal and a new trial upon the ground that the verdict of the jury is against the weight of the evidence; Kapper and Hagarty, JJ., dissent and vote to affirm.

2Cases cited2 opinions

  1. Hubbell v. . City of YonkersNew York Court of Appeals · 1887
  2. Boutet v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922