Opinion
Argued April 1, 1926
Decided May 4, 1926
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Frank Gibbons for appellant.
John V. Maloney and Robert J. Summers for respondent.
Judgment affirmed, with costs. Held, that the exclusion of the certificate of Dr. DeGroat as an admission of plaintiff was not prejudicial, and the exclusion of the evidence and record of Miss Nelson was proper as it appears that she was acting as the agent of the attending physician.
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE and LEHMAN, JJ. Absent: ANDREWS, J.