New York Court of Appeals
In the Matter of the Estate of Robert S. Wood, Nathan M. Medwin, as of Robert S. Wood, Appellant Frank H. Purzycki
February 17, 198152 N.Y.2d 139
Summary
The Court held that the executor did not waive CPLR 4519 by introducing documentary evidence of bank withdrawals, and therefore the respondents' testimony about a personal delivery of funds to the decedent was inadmissible; the Appellate Division's order was reversed and the case remanded for a new trial.