LEGGIO v. ORLAN


191 A.D.2d 541 (1993)

595 N.Y.S.2d 330

Louis Leggio, Appellant, v. Phyllis Orlan, as Administratrix of The Estate of Daniel P. Orlan, Deceased, et al., Respondents

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

March 15, 1993


Ordered that the judgment is affirmed, with costs.

We find that the Supreme Court properly dismissed the complaint. There is no evidence that the plaintiff performed any work on the property which was required of him pursuant to the terms of the bond and mortgage. Furthermore, the Supreme Court did not err in precluding the plaintiff from testifying as to statements between him and the decedent, because such testimony was inadmissible under...

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