Legal Opinion
Kiser v. Bailey
Civil Court of the City of New York
Decided December 5, 1977PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Caputo, J.
In this action for attorney’s fees, which was tried by the court without jury the issue again turns substantially upon "that dinosaur of New York evidence law”,1 the Dead Man’s Statute, CPLR 4519. Briefly stated, the facts are as follows: Plaintiff claimed performance of professional legal services *437and disbursements for the defendant’s testate for matters arising out of a suit pending against the decedent in Federal court in 1971.
Plaintiff was initially contacted by deceased’s attorney of record, a Mr. Garlock, when Garlock was in hospital and unable to…
2Cases cited7 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Matter of LoomisNew York Court of Appeals · 1937
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Yager Pontiac, Inc. v. Fred A. Danker & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Acevedo v. Audubon Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Miller v. Lu-WhitneyAppellate Division of the Supreme Court of the State of New York · 2009
- Clark v. MeyerDistrict Court, S.D. New York · 2002
- Hirsch v. WeismanAppellate Division of the Supreme Court of the State of New York · 1993
- Binderman v. KazdanCivil Court of the City of New York · 1989
1 more not listed; retrieve them via the Exa API.