Kwiatkowski v. John Lowry, Inc. (251 A.D. 850, 1937)

Action for negligently causing death of plaintiff’s testator. Judgment for plaintiff unanimously affirmed, with costs. No opinion. Lazansky, P. J., Carswell, Davis and Johnston, JJ., concur; Hagarty, J., concurs on authority of Kwiatkowski v. Lowry, Inc. (248 App. Div. 459), adhering, however, to his view, expressed in that case, that the oral and written statements made by the testator between the time of the accident and his death were admissible. [See post, p. 889.]