Everdyke v. Esley ( 1939 )

Judgment and order reversed on the law and new trial granted, with costs to the appeEants to abide the event. Memorandum: The court erred in not permitting proof of the conviction of the plaintiff. (Schindler v. Royal Insurance Co., 258 N. Y. 310; Matter of Rechtschaffen, 278 id. 336.) AE concur. (The judgment is for plaintiff in a civE action for assault. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.