Appellate Division of the Supreme Court of New York, 1927

Adrian v. Bendert

Adrian v. Bendert
Appellate Division of the Supreme Court of New York · Decided December 15, 1927
222 A.D. 763
Adrian v. Bendert

Opinion of the Court

Judgment reversed upon the law and the facts and a new trial granted, costs to abide, the event. The testimony offered and received at folios 98-103 of the record, over the proper objection and exception of the plaintiff, was incompetent under the provisions of section 347 of the Civil Practice Act. (Matter of Callister, 153 N. Y. 294; Clift v. Moses, 112 id. 426, 434; Griswold v. Hart, 205 id. 384.) Lazansky, P. J., Rich, Kapper, Seeger and Cars-well, JJ., concur.

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