SIEGEL v. WALDBAUM


59 A.D.2d 555 (1977)

Sydney Siegel, Appellant, v. Evelyn Waldbaum et al., as Administrators of The Estate of Samuel L. Waldbaum, Deceased, Respondents

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

August 8, 1977


Judgment reversed, on the law, with costs, and new trial granted.

This action was commenced in 1974 against a former business partner of plaintiff. In 1975, at an examination before trial conducted by the original defendant, plaintiff testified as to a 1958 conversation between himself and his partner. The original defendant died in 1976 and the present defendants, representatives of his estate, were substituted. At the trial, on defendants' objection, plaintiff was...

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