De Stasio v. Janssen Dairy Corp.

Per Curiam. Evidence that a plaintiff, in an action for negligence growing out of the operation of an automobile, has been previously convicted for a traffic infraction as defined by the Vehicle and Traffic Law (Cons. Laws, ch. 71), shall not be received to affect his credibility when a witness in an action or proceeding, and he may not be required to disclose a conviction therefor (Civ. Prac. Act, § 355). Plaintiff was repeatedly required to disclose such previous convictions. In a case as close as this such error cannot be disregarded. The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event. Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Bippey, JJ., concur. Judgments reversed, etc.