Appellate Division of the Supreme Court of New York, 1963

Fibertex Fabrics, Inc. v. Sickles

Fibertex Fabrics, Inc. v. Sickles
Appellate Division of the Supreme Court of New York · Decided July 15, 1963
19 A.D.2d 758; 242 N.Y.S.2d 486; 1963 N.Y. App. Div. LEXIS 3272
Fibertex Fabrics, Inc. v. Sickles

Opinion of the Court

In view of the stipulation that the testimony of the witness Frankel be considered the testimony of the corporate plaintiff, we deem the disputed document properly in evidence as an admission, especially in the absence of an objection specifically directed to its authentication. That being so, plaintiff’s argument here, insofar as addressed to the evidentiai-y basis of the charge, must fail; and the propriety of the charge is not otherwise challenged. Judgment unanimously affirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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