Sangster v. Lefrak

Full title: BERTHA J. SANGSTER, Appellant, v. HARRY LEFRAK et al., Copartners Doing…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1948

274 App. Div. 898 (N.Y. App. Div. 1948)

Opinion

October 11, 1948.

Appeal from City Court of the City of New York, County of Queens.

Order affirmed, with costs. No opinion.

Carswell, Acting P.J., Adel and Wenzel, JJ., concur; Nolan and Sneed, JJ., dissent and vote to reverse the order of the Appellate Term and the judgment of the City Court and to grant a new trial, with the following memorandum:

The reversal by the Appellate Term was based on the admission in evidence on the trial of certain declarations of a former employee of respondents. In our opinion, this evidence was admissible and there was no error by the trial court which required a reversal. (Cf. Stecher Lithographic Co. v. Inman, 175 N.Y. 124; Wallace v. Taylor, 204 App. Div. 341; Reed v. McCord, 160 N.Y. 330.) [See post, p. 928.]