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A.C. Electric Co., Inc. v. Bellino

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 678 (N.Y. App. Div. 1987)

Opinion

December 21, 1987

Appeal from the Supreme Court, Westchester County (Buell, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff sustained its burden of proof in demonstrating that the electrical work performed for the defendant at his residence was for his personal benefit and not for the benefit of his wholly owned corporation. Among other matters adduced at trial was the fact that the defendant paid for part of the work with funds from his own personal checking account.

The court's refusal to allow the defendant to testify as his own expert was correct. While interested witnesses may testify in their own behalf (CPLR 4512), the court may not only assess the credibility of such witnesses, but also their qualifications to testify as experts (Werner v Sun Oil Co., 65 N.Y.2d 839). The defendant's own testimony indicated his ignorance of the refinements of electrical work, and demonstrated his lack of qualifications as an expert in evaluating the cost of electrical work. Mangano, J.P., Thompson, Bracken and Weinstein, JJ., concur.


Summaries of

A.C. Electric Co., Inc. v. Bellino

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 678 (N.Y. App. Div. 1987)
Case details for

A.C. Electric Co., Inc. v. Bellino

Case Details

Full title:A.C. ELECTRIC CO., INC., Respondent, v. PHILIP A. BELLINO, SR., Appellant

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

Date published: Dec 21, 1987

Citations

135 A.D.2d 678 (N.Y. App. Div. 1987)

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