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BELLINGER v. TOWN OF SALISBURY
Appellate Division of the Supreme Court of New York, Fourth Department.
Jan 24, 1951
Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Defendant was entitled to inquire of plaintiff Bellinger on cross-examination whether he had "received any moneys from Yurkewicz or any of his representatives or attorneys." It was material on the question of damages. ( Knapp v. Roche, 94 N.Y. 329; Ammerman v. Utilities Oil Corp., 222 App. Div. 481.) Exclusion of the evidence under the circumstances presents reversible error. All concur. (Appeal from a judgment for plaintiff in a negligence action. The order denied a motion for a new trial.)
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