MATTER OF SKLAIRE v. ELDRIDGE


12 A.D.2d 386 (1961)

In the Matter of Harris Sklaire, Respondent, v. Charles W. Eldridge, as Executor of John B. Turner Deceased, Appellant

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

March 21, 1961.


Attorney(s) appearing for the Case

Orville R. Dunn for appellant.

William J. Quinlan for respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.


HERLIHY, J.

Appeal by the executor from a decree allowing a claim in the estate for medical services alleged to have been rendered the decedent.

It is contended that allowing the claimant to testify to a personal transaction with the decedent was in violation of section 347 of the Civil Practice Act. That section, with certain exceptions not pertinent here, bars an interested party from testifying as...

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