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ANTHONY CATAPANO ET AL. v. ARLENE FRANCIS ET AL. (12/23/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.44044 <http://www.versuslaw.com>; 296 N.Y.S.2d 522; 31 A.D.2d 650 December 23, 1968 ANTHONY CATAPANO ET AL., APPELLANTS,v.ARLENE FRANCIS ET AL., RESPONDENTS, ET AL., DEFENDANT. (AND ANOTHER TITLE.) Judgment of the Supreme Court, Queens County, entered December 20, 1965, reversed, on the law, and new trial granted, with costs to appellants to abide the event. Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.


Judgment of the Supreme Court, Queens County, entered December 20, 1965, reversed, on the law, and new trial granted, with costs to appellants to abide the event.

Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion it was error to receive in evidence, over appellants' objection, the self-serving written statement of defendant Francis, which was made 24 days after the accident. We consider this error sufficiently prejudicial to require a new trial.

Disposition

 The findings of fact below are affirmed.

19681223

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