From Casetext: Smarter Legal Research

Dubofsky v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 832 (N.Y. App. Div. 1930)

Opinion

March, 1930.


Judgment and order unanimously affirmed, with costs. Defendants did not show that the recollection of the witness Radofsky had been exhausted or that it needed refreshing, and, therefore, they were not entitled to have that witness read the claimed prior statement made by him out of court. Under those circumstances the error of the court in not permitting the defendants to have the witness identify his signature was not prejudicial. (Civ. Prac. Act, § 106.) Young, Hagarty, Carswell and Tompkins, JJ., concur; Lazansky, P.J., concurs in result.


Summaries of

Dubofsky v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 832 (N.Y. App. Div. 1930)
Case details for

Dubofsky v. Smith

Case Details

Full title:GERTRUDE DUBOFSKY, an Infant under the Age of Fourteen Years, by MORRIS…

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

Date published: Mar 1, 1930

Citations

228 App. Div. 832 (N.Y. App. Div. 1930)