Legal Opinion

Ptasznik v. Schultz

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1998PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

At trial, the primary question for the jury was whether the plaintiffs decedent gave the defendants certain sums of money by way of loan, as the plaintiff claimed, or by way of gift, as the defendants claimed. During his summation, the plaintiffs attorney stated that the deceased could, in effect, “speak to us” and, over the defendants’ objection, read to the jury the contents of an affidavit of the deceased in which the deceased characterized the moneys as loaned. The affidavit had been in the Supreme Court’s file, but had not been marked or introduced into…

2Cases cited12 opinions

  1. Sylvia Ernst, in No. 93-1929 v. Child and Youth Services of Chester County Carol Schravazande Arden Olson Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Schravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, in No. 93-1930. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Shravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., (Amended as Per the Court's 5/31/96 Order)Court of Appeals for the Third Circuit · 1997
  2. Sowa v. LooneyNew York Court of Appeals · 1968
  3. In re the Estate of WoodNew York Court of Appeals · 1981
  4. Mars Associates, Inc. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1987
  5. In re Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by20 opinions

  1. Stoll v. StateSupreme Court of Florida · 2000
  2. Khatibi v. WeillAppellate Division of the Supreme Court of the State of New York · 2004
  3. Kingsbrook Jewish Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  4. Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Dufour v. StateSupreme Court of Florida · 2011

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