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DAVIS v. DAVIS

1 A.D.2d 675 (1955)

Katherine Davis, Respondent, v. Jerome G. Davis, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1955

Judgment reversed, without costs, and new trial granted.

The exclusion of the testimony of the psychiatrists was error, for the privilege of the statute (Civ. Prac. Act, § 352) was waived by respondent's introduction of the afore-mentioned testimony of her brother (Civ. Prac. Act, § 354; Apter v. Home Life Ins. Co., 266 N.Y. 333; Steinberg v. New York Life Ins. Co., 263 N.Y. 45; Capron v. Douglass...

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