295 N.Y. 320 | NY | 1946
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Testimony of the plaintiff's sole stockholder, to the effect that he was ignorant of Cunningham's withdrawals of cash from the plaintiff corporation until after the latter's *324
death, should have been excluded under Civil Practice Act, section 347 (Boyd v. Boyd,
The order of the Appellate Division, reversing the order of Special Term granting defendants' motion to dismiss the twentieth cause of action in the amended complaint, should be reversed, and the order granting such motion affirmed.
The judgment entered May 23, 1945, upon the order of affirmance of the Appellate Division dated May 18, 1945, should be reversed, with costs in all courts.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ., concur; MEDALIE, J., deceased.
Ordered accordingly.