¶1Judgment 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.
6 A.D.2d 1040
Brown v. Einbinder
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1958
Appellate Division of the Supreme Court of the State of New York · decided 1958-10-28
Decided 1958-10-28