BELLINO v. BELLINO CONSTR. CO., INC.


75 A.D.2d 630 (1980)

Phillip A. Bellino et al., Respondents, v. Bellino Construction Co., Inc., Appellant

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

April 28, 1980


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

Critical to defendant's counterclaims had been the date upon which its work at the Fishkill construction site had ended. Consequently, the exclusion from evidence of a letter by plaintiffs' counsel admitting that defendant had continued its work there through January 18, 1974, constituted reversible error. Admissions by counsel, as by any other agent, are admissible against a party...

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