Tufo v. Bangert , 219 A.D. 831 ( 1927 )

Judgment and order reversed upon the law and new trial granted, costs to appellant to abide the event, because of error in the exclusion of evidence, at folio 144, of statements made by defendant immediately after the accident. Kelly, P. J., Young and Hagarty, JJ., concur; Manning, J., dissents; Lazansky, J., dissents upon the ground that counsel failed to disclose to the court the relevancy and materiality of the proposed proof.