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R.J. Cornelius, Inc. v. Cally

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1990
158 A.D.2d 331 (N.Y. App. Div. 1990)

Opinion

February 8, 1990

Appeal from the Supreme Court, New York County (Robert E. Fischer, J.).


Insofar as pertinent, the action was brought to recover a loan acknowledged by defendant in a letter that defendant claims was forged. The trial court, however, crediting plaintiff's handwriting expert, found defendant's signature on the letter to be genuine, a finding which we see no reason to disturb. It was not reversible error to permit plaintiff's expert to remain in the courtroom during the testimony of defendant's expert (People v Felder, 39 A.D.2d 373, 379-380, affd 32 N.Y.2d 747, appeal dismissed 414 U.S. 948). Nor was it reversible error to allow plaintiff to impeach defendant by eliciting on cross-examination the disciplinary proceedings that had been brought against him (CPLR 4513; see, People v Lee, 35 A.D.2d 542 [impeachment of defendant by showing dishonorable discharge from Army after court-martial held proper]). Finally, defendant's argument that plaintiff was required to show, as part of its prima facie case, that delivery of the letter in question to plaintiff was authorized by defendant (citing UCC 3-306 [c]) was not raised at trial and therefore may not be considered on appeal.

Concur — Kupferman, J.P., Milonas, Asch, Wallach and Rubin, JJ.


Summaries of

R.J. Cornelius, Inc. v. Cally

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1990
158 A.D.2d 331 (N.Y. App. Div. 1990)
Case details for

R.J. Cornelius, Inc. v. Cally

Case Details

Full title:R.J. CORNELIUS, INC., Respondent, v. JAMES J. CALLY et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 8, 1990

Citations

158 A.D.2d 331 (N.Y. App. Div. 1990)