Lillian Trampusch, as Administratrix, etc., of Alois Trampusch, Deceased, Respondent, v. Ernest Kastner and Others, Copartners, Doing Business under the Firm Name and Style of Markovits Bros., Appellants

Lillian Trampusch, as Administratrix, etc., of Alois Trampusch, Deceased, Respondent, v. Ernest Kastner and Others, Copartners, Doing Business under the Firm Name and Style of Markovits Bros., Appellants. [MAJORITY] Judgment as to the appellant Kastner unanimously affirmed, with costs. No opinion. Judgment against Markovits Bros, reversed on the law and a new trial granted, with costs to said appellants to abide the event. The written report by defendant Kastner to the Motor Vehicle Bureau (Defendant Kastner’s Exhibit D) was a self-serving declaration and was erroneously received in evidence, and was prejudicial to defendants Markovits. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.