Majority
p. 763Anna Adrian, as Administratrix, etc., of Antonia Bendert, Deceased, Appellant, v. Carrie Bendert, Respondent.
Judgment reversed upon the law and the facts and a new trial granted, costs to abide, the event. The testimony offered and received at folios 98-103 of the record, over the proper objection and exception of the plaintiff, was incompetent under the provisions of section 347 of the Civil Practice Act. (Matter of Callister, 153 N. Y. 294 ; Clift v. Moses, 112 id. 426, 434 ; Griswold v. Hart, 205 id. 384 .) Lazansky, P. J., Rich, Kapper, Seeger and Cars-well, JJ., concur.