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DE BONO v. LOMBARDI

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1950
277 App. Div. 902 (N.Y. App. Div. 1950)

Opinion

June 26, 1950.


In an action to recover damages for alleged breach of a contract to demolish an existing building and erect a new building, judgment in respondent's favor upon a counterclaim, affirmed, with costs. No opinion.


In my opinion the trial court unduly restricted plaintiff's proof with respect to what occurred at the meeting at the attorney's office at which, apparently, defendant was present. There is no evidence that what was said was "without prejudice" and the attorney's statement that such was the case was immediately denied. Some further inquiry should have been permitted to lay a foundation, if possible, for the reception in evidence of any unqualified and unequivocal admission which might have been made. (Cf. White v. Old Dominion S.S. Co., 102 N.Y. 660; Brice v. Bauer, 108 N.Y. 428, 433; Zimmerman v. Roessler Hasslacher Chemical Co., 246 App. Div. 306, 315, and Armour v. Gaffey, 30 App. Div. 121, 129.)


Summaries of

DE BONO v. LOMBARDI

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1950
277 App. Div. 902 (N.Y. App. Div. 1950)
Case details for

DE BONO v. LOMBARDI

Case Details

Full title:MANOEL DE BONO, Appellant, v. JOSEPH LOMBARDI, Respondent

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

Date published: Jun 26, 1950

Citations

277 App. Div. 902 (N.Y. App. Div. 1950)