Per Curiam.
The dismissal of the defendant's first affirmative defense was error prejudicial to defendant's case. In view of the confidential relationship of the parties, oral evidence was admissible on the question whether, at the time the note was executed, the plaintiff wife agreed to be jointly liable thereon (Matter of Faigelman, 142 Misc. 167; cf. Foreman v. Foreman, 251 N.Y. 237);
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
