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GRAVELLE v. HOWRIGAN

40 A.D.2d 544 (1972)

Aileen Gravelle, as Executrix of Gordon Gravelle, Deceased, et al., Appellants, v. James Howrigan, Respondent

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

July 13, 1972

Judgment affirmed, with costs.

The jury found for defendant and in our opinion the evidence supports that determination. The only ground relied upon by the dissent for reversal and new trial was the alleged error in permitting a portion of the unsigned examination before trial of the plaintiff husband to be read to the jury by defendant's counsel. As noted in the dissent, defendant's counsel stated to the court that both...

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