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EVERDYKE v. ESLEY

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 10, 1939

Judgment and order reversed on the law and new trial granted, with costs to the appellants to abide the event. Memorandum: The court erred in not permitting proof of the conviction of the plaintiff. ( Schindler v. Royal Insurance Co., 258 N.Y. 310; Matter of Rechtschaffen, 278 id. 336.) All concur. (The judgment is for plaintiff in a civil action for assault. The order denies a motion for a new trial.)