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Votos v. Petrocelli

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1967
28 A.D.2d 1145 (N.Y. App. Div. 1967)

Opinion

November 27, 1967


Judgment of the Supreme Court, Nassau County, entered February 24, 1965, affirmed, with costs. The trial court barred testimony as to alleged admissions made by defendant Petrocelli at a hearing at the Department of Motor Vehicles. The receipt of such testimony would not have violated the best evidence rule ( People v. Colon, 281 App. Div. 354, 356). Since we are of the opinion that the decedent's contributory negligence was established as a matter of law (cf. Axelrod v. Krupinski, 302 N.Y. 367) the error, if any, does not warrant a new trial. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.


Summaries of

Votos v. Petrocelli

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1967
28 A.D.2d 1145 (N.Y. App. Div. 1967)
Case details for

Votos v. Petrocelli

Case Details

Full title:ESTHER VOTOS, as Administratrix of the Estate of ANTHONY VOTOS, Deceased…

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

Date published: Nov 27, 1967

Citations

28 A.D.2d 1145 (N.Y. App. Div. 1967)