33 A.D.2d 878 | N.Y. App. Div. | 1969
Judgment unanimously reversed on the law and facts and new trial granted, with costs to appellant to abide the event. Memorandum: Plaintiff sought to recover damages as the result of a collision between a vehicle operated by her and another car owned and operated by defendant. Plaintiff called as a witness a passenger in her automobile. On cross-examination testimony was elicited that the witness had settled her claim against plaintiff arising from the same accident. Such testimony was properly received for the purpose of proving a fact from which an inference of interest or bias might be drawn by the jury which would reflect op her credibility (Geddes v. Red Star Express Lines, 30 A D 2d 761; see, also, Gilliam v. Lee, 32 A D 2d 1058.) The trial court erred, however, in refusing to permit plaintiff to prove that the witness had similarly settled her
