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WEINER v. ARROWBROOK GARDENS DEV. CORP.

13 N.Y.2d 1130 (1964)

Barbara Weiner, as Administratrix of The Estate of Irving Weiner, Deceased, Appellant, v. Arrowbrook Gardens Development Corp., Respondent.

Court of Appeals of the State of New York.

Decided January 16, 1964.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg and B. Hoffman Miller for appellant.

Jacob L. Rothstein and Bernard Helfenstein for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Judges DYE and BERGAN dissent and vote to reverse and to grant a new trial upon the ground that the exclusion of the letter written by decedent two days prior to his death constituted reversible error.

Judgment affirmed, without costs...

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