From Casetext: Smarter Legal Research

Ramirez v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 104 (N.Y. App. Div. 1987)

Opinion

August 10, 1987

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the judgment is affirmed, with costs.

The Riverhead Community Service Center (hereinafter RCSC) was an unincorporated association. On January 15, 1980, the plaintiff, Diane Ramirez, who was at all relevant times the president of RCSC, allegedly entered into a lease for space at 76 West Main Street, Riverhead (hereinafter the premises) with J. Leo Saxstien, one of the group of trustees who ran the premises. Saxstien died in December 1980. The present action arises out of the defendants' obligation to provide heat to the premises pursuant to the lease. In their answer, the defendants, inter alia, denied the validity of the lease and demanded possession of the premises.

The plaintiff contends that the trial court erred by striking the lease and the plaintiff's testimony regarding the transaction with Saxstien pursuant to CPLR 4519 (the Dead Man's Statute). We do not agree (see, Friedrich v. Martin, 294 N.Y. 588). In any event, the defendants presented ample testimony, including that of two expert witnesses who testified that Saxstien's signature was forged, which established that the lease was not authentic. Thus, any error was harmless (see, Matter of Lefft, 44 N.Y.2d 915).

The plaintiff's contention that the scope of the judgment exceeded the court's oral decision is without merit. Thompson, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

Ramirez v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 104 (N.Y. App. Div. 1987)
Case details for

Ramirez v. Smith

Case Details

Full title:DIANE RAMIREZ, Appellant, v. REGINALD SMITH et al., Respondents

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

Date published: Aug 10, 1987

Citations

133 A.D.2d 104 (N.Y. App. Div. 1987)

Citing Cases

Ramirez v. Smith

In a judgment entered October 23, 1985, the Supreme Court, Suffolk County (Gerard, J.), declared that the…