Legal Opinion
Phillips v. Joseph Kantor & Co.
New York Court of Appeals
Decided November 3, 1972PublishedCited by 229 opinions
1Opinion of the CourtBreitel, J.
In a malpractice action against a partnership of accountants and the executors of the estate of the senior partner, the accountants’ motion for summary judgment was granted and the complaint dismissed. Plaintiff, a lender to a third-party client of the accountants, who allegedly relied on false statements of the deceased partner appeals. The issue, one of first impression in this court, is whether evidence, excludable under the Dead *310Man’s Statute (CPLR 4519), may be considered to defeat a motion for summary judgment.
There should be a reversal and summary judgment denied. Evidence, otherwise…
2Cases cited8 opinions
- In Re the Accounting of Van VolkenburghNew York Court of Appeals · 1930
- Ford v. HahnAppellate Division of the Supreme Court of the State of New York · 1945
- Brown v. SALADOFFSuperior Court of Pennsylvania · 1967
- Lindner v. EichelNew York Supreme Court · 1962
- Tichonchuk v. OrloffNew York Supreme Court · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by229 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Jablonski v. RapaljeAppellate Division of the Supreme Court of the State of New York · 2005
224 more not listed; retrieve them via the Exa API.