GUGLIANO v. LEVI


24 A.D.2d 591 (1965)

Armand Gugliano, Respondent, v. Helena Levi, as Executrix of Max Levi, Deceased, et al., Appellants

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

July 12, 1965


Judgment, insofar as appealed from by the respective parties, reversed on the law, and a new trial granted, with costs to abide the event. The findings of fact implicit in the jury's verdict are affirmed.

In our opinion, it was error for the learned Trial Justice to allow plaintiff to call Dr. Roen as a witness (the doctor being present under a subpœna issued by plaintiff's attorney); to permit this doctor to testify as a witness on plaintiff's behalf, and to...

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