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Weiner v. Arrowbrook Gardens Development Corp.

13 N.Y.2d 1130 Court N.Y. Decision date 1964-01-16 English

Contents

Majority

p. 1130
Barbara Weiner, as Administratrix of the Estate of Irving Weiner, Deceased, Appellant, v. Arrowbrook Gardens Development Corp., Respondent.
Argued January 6, 1964;
decided January 16, 1964.
p. 1132
Jacob D. Fuchsberg and B. Hoffman Miller for appellant.
Jacob L. Bothstein and Bernard Helfenstein for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Fuld, Van Voobhis, Bubke and Scileppi. Judges Dye and Bebgan dissent and vote to reverse and to grant a new trial upon the ground that the exclusion of the letter written by decedent two days prior to his death constituted reversible error.