PTASZNIK v. SCHULTZ


247 A.D.2d 197 (1998)

679 N.Y.S.2d 665

Paul Ptasznik, Respondent, v. Rubin Schultz et al., Appellants

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

November 9, 1998


Attorney(s) appearing for the Case

Gary Schultz, New York City, appellant pro se, and for remaining appellants.

Sweeney, Gallo & Reich, Sunnyside (Michael H. Reich and Meryl H. Gorelick of counsel), for respondent.

MANGANO, P. J., RITTER and ALTMAN, JJ., concur.


ROSENBLATT, J.

At trial, the primary question for the jury was whether the plaintiff's decedent gave the defendants certain sums of money by way of loan, as the plaintiff claimed, or by way of gift, as the defendants claimed. During his summation, the plaintiff's attorney stated that the deceased could, in effect, "speak to us" and, over the defendants' objection, read to the jury the contents of an affidavit...

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