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WICKERS v. WICKERS

8 N.Y.2d 1090 (1960)

Anna Wickers, Appellant, v. Mary E. Wickers, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 21, 1960.

Attorney(s) appearing for the Case

Marshall D. Sweetbaum and York Iguchi for appellant.

Alexander Gangel for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Judgment reversed and new trial granted, with costs to abide the event. The trial court erred in refusing to permit plaintiff to testify fully with respect to the circumstances surrounding her signing of the release in question. The person who procured the release from plaintiff, having witnessed it and taken her "ACKNOWLEDGMENT UNDER OATH", was sufficiently identified by the release itself, together with her testimony, to have warranted the admissibility of conversations...

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