Appellate Terms of the Supreme Court of New York, 1934

Eby v. Grieves

Eby v. Grieves
Appellate Terms of the Supreme Court of New York · Decided November 8, 1934 · Callahan, Lydon, Shientag
153 Misc. 428; 275 N.Y.S. 90; 1934 N.Y. Misc. LEXIS 1759

Counsel

W. Morton Carden, for the appellant., I. William Garfield, for the respondent.

Eby v. Grieves

Opinion of the Court

Per Curiam.

The receipt in evidence, over the objection of the executrix, of plaintiff’s book of account containing itemized statement of services rendered to a decedent, the authenticity of which book was supported solely by the testimony of the plaintiff herself, was improper under section 347 of the Civil Practice Act, and constitutes reversible error.

Judgment reversed and new trial ordered, with., thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Shientag, JJ,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.