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HERRMANN v. THE SKLOVER GROUP, INC.

2 A.D.3d 307 (2003)

768 N.Y.S.2d 600

JAMES C. HERRMANN, Appellant, v. THE SKLOVER GROUP, INC., et al., Respondents.

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

December 23, 2003.

Since the decedent, Richard Sklover, was not merely an officer of The Sklover Group but also owned 1,000 of the corporation's 1,100 shares (currently held by his estate), the corporate defendant may invoke the Dead Man's Statute (CPLR 4519; see Mark Patterson, Inc. v Bowie, 172 Misc.2d 1000, 1003-1004 [1997]). Defendants did not waive that statute by consenting to the joint introduction of portions of Richard's deposition testimony...

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