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KISER v. BAILEY

92 Misc.2d 435 (1977)

John A. Kiser, Plaintiff, v. Jessica P. Bailey, as Executrix of R. H. Bailey, Deceased, Defendant.

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

December 5, 1977

Attorney(s) appearing for the Case

Conrad P. Sheehan for defendant. John A. Kiser, defendant pro se.

JOSEPH D. CAPUTO, J.

In this action for attorney's fees, which was tried by the court without jury the issue again turns substantially upon "that dinosaur of New York evidence law",1 the Dead Man's Statute, CPLR 4519. Briefly stated, the facts are as follows: Plaintiff claimed performance of professional legal services and disbursements...

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