Brown v. Einbinder

6 A.D.2d 1040 | N.Y. App. Div. | 1958

Judgment unanimously affirmed, with costs to third-party plaintiff-respondent against third-party defendant-appellant. The exclusion of the prior inconsistent statement was improper but on the whole record the exclusion was not prejudicial. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.