Duncan v. 1502 Brook Ave. Realty Corp.

Appellate Division of the Supreme Court of New York

Duncan v. 1502 Brook Ave. Realty Corp.

2 A.D.2d 677, 152 N.Y.S.2d 987, 1956 N.Y. App. Div. LEXIS 4838

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 26, 1956

StatusPublished

This text of 2 A.D.2d 677 (Duncan v. 1502 Brook Ave. Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. 1502 Brook Ave. Realty Corp., 2 A.D.2d 677, 152 N.Y.S.2d 987, 1956 N.Y. App. Div. LEXIS 4838 (N.Y. Ct. App. 1956).

Pincite

Opinion

Determination of the Appellate Term unanimously reversed and the judgment of the Municipal Court reinstated. The so-called hearsay testimony to which objection was made was not hearsay. The testimony of the plaintiff as to what her lawyer had told her was offered as evidence that the statement was made and not as evidence of the truth of anything that was said. The particular point at issue was whether the lawyer had said what plaintiff testified he said. Plaintiff’s testimony to that point was competent and it was also relevant under the circumstances. Settle order on notice. Concur ■—• Peck, P. J., Breitel, Prank, Valente and Bergan, JJ.

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Determination of the Appellate Term unanimously reversed and the judgment of the Municipal Court reinstated. The so-called hearsay testimony to which objection was made was not hearsay. The testimony of the plaintiff as to what her lawyer had told her was offered as evidence that the statement was made and not as evidence of the truth of anything that was said. The particular point at issue was whether the lawyer had said what plaintiff testified he said. Plaintiff’s testimony to that point was competent and it was also relevant under the circumstances. Settle order on notice. Concur ■—• Peck, P. J., Breitel, Prank, Valente and Bergan, JJ.

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Bluebook (online)

2 A.D.2d 677, 152 N.Y.S.2d 987, 1956 N.Y. App. Div. LEXIS 4838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-1502-brook-ave-realty-corp-nyappdiv-1956.