MATTER OF CINQUE


25 A.D.2d 752 (1966)

In the Matter of The Estate of Carmela Cinque, Deceased. Josephine Cinque, Appellant; Albert Cinque et al., as Temporary Administrators of The Estate of Carmela Cinque, Deceased, Respondents

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

April 4, 1966


Decree reversed on the law and a new trial granted, with costs to abide the event.

No questions of fact have been considered. In our opinion, the learned Surrogate committed three errors in his rulings on the admissibility of evidence: (1) he excluded testimony regarding conversations between an attorney and decedent as privileged, even though petitioners, who were claiming the privilege, failed to come forward and establish the confidential nature of the conversations...

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