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NIGRO v. BENJAMIN

155 A.D.2d 872 (1989)

Elizabeth A. Nigro, as Administratrix of The Estate of Joyce E. Nigro, Deceased, Appellant, v. Craig L. Benjamin et al., Respondents

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

November 15, 1989

Judgment unanimously affirmed without costs.

Memorandum:

In our view, defendant's testimony that there was no basis for stating that plaintiff's decedent was suffering from a hormonal mass was not admitted in violation of the Dead Man's Statute (CPLR 4519). By testifying on her own behalf concerning defendant's examination of her mother on July 13, 1979, plaintiff waived the protection of the statute and opened the door to this limited testimony (see

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