[DOWNLOAD] "Joseph Barbagallo v. Americana Corp." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Barbagallo v. Americana Corp.
- Author : Court of Appeals of New York
- Release Date : January 26, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[25 N.Y.2d 655 Page 656] Memorandum. The exclusion of the telephone conversations was error because they were relevant to establishing the duration
and depth of defendant's alleged fear. The truth of their contents was not the purpose of defendant's offer. (Ferrara v. Galluchio,
5 N.Y.2d 16, 19-20; Richardson, Evidence [9th ed.], § 211.) It cannot be concluded that, as a matter of law, the jury would
not have been influenced by the additional details in assessing defendant's alleged fear of injury to himself or his family.
The request as to the effect of the failure of plaintiff's wife to testify was improper in form and, therefore, was properly
denied (Seligson, Morris & Neuburger v. Fairbanks Whitney Corp., 22 A.D.2d 625, 629-631). Chief Judge Fuld and Judge
Scileppi dissent in part and vote to affirm as to both defendants on the opinion at the Appellate Division.
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