KURDILLA v. SCHWARTZ


33 A.D.2d 573 (1969)

Frederica Kurdilla, Appellant, v. Frances Schwartz, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 20, 1969


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The findings of fact below are affirmed. It was error to admit into evidence a statement over the telephone to an insurance broker, allegedly made by a defendant who did not witness the accident, because the statement was a self-serving declaration which was hearsay and therefore was prejudicial to plaintiff (Johnson v. Lutz, 253 N.Y. 124; Williams v. Alexander,

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