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MATTER OF RIZZO

15 A.D.2d 550 (1961)

In the Matter of the Accounting of Isidoro Rizzo, as Administrator of The Estate of Antonio Rizzo, Deceased. Tommasa Licata et al., Appellants; Tommasa Licata, as Administratrix D. B. N., Substituted for Isidoro Rizzo, Deceased, et al., Respondents

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

December 20, 1961

Decree affirmed, with $10 costs and disbursements payable out of the estate to all parties who have appeared and filed briefs on this appeal.

In our opinion, section 347 of the Civil Practice Act did not render inadmissible the testimony of claimant's father, Isidoro Rizzo, notwithstanding his relationship to the claimant and the fact that at the time he testified he was the administrator of the estate whose account was being...

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