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Stewart v. Maitland

January 8, 2009

BARBARA STEWART, ETC., PLAINTIFF-RESPONDENT,
v.
GUY E.C. MAITLAND, ET AL., DEFENDANTS-APPELLANTS,
DUNOON, LLC, ET AL., DEFENDANTS.



Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered November 7, 2007, awarding plaintiff $2,866,402.75 against defendants Maitland, Guida, International Registries and Oban, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Friedman, Acosta, DeGrasse, JJ.

603709/04

Since plaintiff's counsel's opening statement at trial was not part of the evidence, it did not "open the door" to conversations between the decedent and the judgment debtors herein, or otherwise constitute a waiver of the provisions of CPLR 4519, concerning the subject memorandum of agreement (see Matter of Wood, 52 NY2d 139 [1981]; cf. Matter of Beradini, 238 App Div 433, 435 [1933], affd 263 NY 627 [1934]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090108

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