FRENCH v. O'DONOHUE


239 A.D.2d 903 (1997)

659 N.Y.S.2d 655

Gileen W. French, Individually and as Administratrix of The Estate of Malcolm J. French, Deceased, Appellant, v. Neil O'Donohue, Respondent, et al., Defendant

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

May 30, 1997


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in denying plaintiff's motion pursuant to CPLR 4519 to prohibit defendant from testifying regarding a conversation with decedent. The conversation in question was part of the gratuitous bailment transaction that was the crux of plaintiff's case. "[H]aving introduced testimony concerning that transaction into evidence, [plaintiff] cannot thereafter prevent his adversary from...

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