OSLEEB v. BLOCK


36 A.D.2d 605 (1971)

Evelyn Osleeb, as Administratrix of The Estate of George Osleeb, Deceased, Appellant, v. Charles Block et al., Respondents, et al., Defendants

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

February 25, 1971


While little doubt is entertained by some of us as to the correctness of the verdict, it is concluded that the admission into evidence, over objection, of that portion of the hospital record entitled "History taken post-mortem" constituted prejudicial error. The person who allegedly gave the information contained in the entry, presumably the son of the decedent, had not testified on the case in chief. There was lacking a positive identification of the source of the information...

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