JACOBS v. STARK


83 Misc.2d 605 (1975)

Albert Jacobs, Jr., Plaintiff, v. Leah Stark, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

September 10, 1975


Attorney(s) appearing for the Case

Katz & Unger for plaintiff. Gollay & Rosenblatt for defendant.


LEONARD N. COHEN, J.

The issue of law to be decided is whether, when a party is "missing", the testimony of a prior communication with him is inadmissible under the "Dead Man's Statute".

In the case herein, the defendant's son has been absent for a period of some three years. The only negative "proof" of death is that the defendant has been granted temporary letters of administration. Whether this constitutes...

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