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STEWART v. MAITLAND

58 A.D.3d 443 (2009)

869 N.Y.S.2d 784

BARBARA STEWART, as Executor of ARCHIBALD STEWART, Deceased, Respondent, v. GUY E.C. MAITLAND et al., Appellants, et al., Defendants.

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

January 8, 2009.

Since plaintiff's counsel's opening statement at trial was not part of the evidence, it did not "open the door" to conversations between the decedent and the judgment debtors herein, or otherwise constitute a waiver of the provisions of CPLR 4519, concerning the subject memorandum of agreement (see Matter of Wood, 52 N.Y.2d 139 [1981]; cf. Matter of Berardini, 238 App Div 433, 435...

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