Kade v. Sanitary Fireproofing & Contracting Co.

228 A.D. 646 Court N.Y. App. Div. English

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p. 646

Eugene Kade, Respondent, v. Sanitary Fireproofing and Contracting Company, Appellant.

Upon reargument, we adhere to our original decision,^[1] but leave to the determination of the trial court the question of the competency of the testimony of the plaintiff as against the defendant and the deceased alleged copartner. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

* See 227 App. Div. 622 .— [Rep.