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VOTOS v. PETROCELLI

28 A.D.2d 1145 (1967)

Esther Votos, as Administratrix of The Estate of Anthony Votos, Deceased, Appellant, v. Victor Petrocelli et al., Respondents

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

November 27, 1967

The trial court barred testimony as to alleged admissions made by defendant Petrocelli at a hearing at the Department of Motor Vehicles. The receipt of such testimony would not have violated the best evidence rule (People v. Colon, 281 App. Div. 354, 356). Since we are of the opinion that the decedent's contributory negligence was established as a matter of law (cf. Axelrod v. Krupinski, 302 N.Y. 367) the error, if any, does not...

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