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BERNSTEIN v. REPATSKY

2 Misc.2d 938 (1956)

David Bernstein, Appellant, v. Philip Repatsky, Respondent.

Supreme Court, Appellate Term, Second Department.

June 19, 1956.

Attorney(s) appearing for the Case

Edwin S. Clare and Mary B. Tarcher for appellant.

Samuel Z. Cohen for respondent.

PETTE and DI GIOVANNA, JJ., concur; HART, J., taking no part.

Per Curiam.

It was error to admit in evidence a statement of defendant's tax return for the purpose of proving payment. The statement was merely a self-serving declaration. It did not sufficiently appear that it was made in the regular course of business and that it was the regular course of business to make the same (Civ. Prac. Act, § 374-a). Moreover, the decision was against the weight of the credible evidence.

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