Bernstein v. Repatsky

Appellate Terms of the Supreme Court of New York

Bernstein v. Repatsky

2 Misc. 2d 938, 157 N.Y.S.2d 403, 1956 N.Y. Misc. LEXIS 1772

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 19, 1956

StatusPublished

Cited by1 cases

This text of 2 Misc. 2d 938 (Bernstein v. Repatsky) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernstein v. Repatsky, 2 Misc. 2d 938, 157 N.Y.S.2d 403, 1956 N.Y. Misc. LEXIS 1772 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

It was error to admit in evidence a statement of defendant’s tax return for the purpose of proving payment. The statement was merely a self-serving declaration. It did not sufficiently appear that it was made in the regular course of business and that it was the regular course of business to make the Same (Civ. Prac. Act, § 374-a). Moreover, the decision was against the weight of the credible evidence.

[939]*939The judgment should be reversed, on the law and facts, and new trial granted, with $30 costs to the plaintiff to abide the event.

Pette and Di Giovanna, JJ., concur; Hart, J., taking no part.

Judgment reversed, etc.

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