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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

ZY Associates LLC v. Brill, 57 Misc. 3d 264 (2017)

Citation
ZY Associates LLC v. Brill, 57 Misc. 3d 264 (2017)
Parent Document
ZY Associates LLC v. Brill, 57 Misc. 3d 264 (2017)
Jurisdiction
New York (state)
Effective Date
2017-07-11

Full Text

691 chars
“Once evidence is entered it may not be withdrawn, except with consent of the opposing party or by court order if the opposing party objected to its admission (see, Fisch, New York Evidence § 16, at 8 [2d ed])” (Tiborsky v Martorella, 188 AD2d 795, 798 [3d Dept 1992]). Here, petitioner has not consented to the withdrawal of the exhibits and the exhibits “B” and “L” were admitted into evidence without objection/opposition from petitioner. Moreover, respondent has failed to provide this court with a sufficient basis for withdrawal of the exhibits. These exhibits are in evidence and respondent can not now proceed to withdraw them for the reasons discussed above (Tiborsky v Martorella).