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ALFANO v. STARK

35 A.D.2d 522 (1970)

Rose Alfano, as Executrix of Dominic Aronna, Deceased, Appellant, v. Fred Stark, Respondent

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

July 2, 1970

Judgment affirmed, with costs.

No opinion.

Martuscello, J., dissents and votes to reverse the judgment and to grant judgment to plaintiff, with the following memorandum:

I am of the view that the affirmative defense offered to refute plaintiff's prima facie case was incredible as a matter of law. Moreover, the trial court erred in allowing plaintiff to testify, over objection, upon examination...

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