ENDERVELT v. SLADE


214 A.D.2d 456 (1995)

625 N.Y.S.2d 210

Belle Endervelt et al., Appellants, v. Edward N. Slade et al., Respondents

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

April 20, 1995


It was not error for the trial court to consider the exclusionary effect of CPLR 4519 for the first time on an in limine application, as the issue was not subject to consideration on the previous motion for summary judgment (Phillips v Kantor & Co., 31 N.Y.2d 307; Tancredi v Mannino, 75 A.D.2d 579). Plaintiffs were properly barred from testifying about any personal communications...

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