Kaufman v. Rosenshine ( 1904 )

Yan Brunt, P. J.

(dissenting) :

I dissent. The exception to the exclusion of the question to the attorney for plaintiff is fatal. Where the client has endeavored to shield herself from the effects of an affidavit inconsistent with evidence given upon the trial, upon the ground that she had stated the facts to her attorney, I can see no reason why the attorney may not he called to prove that no such communication was made.

Judgment and order affirmed, with costs.