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ELLIS v. ALLSTATE INS. CO.

97 A.D.2d 970 (1983)

Richard Ellis, Jr., Appellant, v. Allstate Insurance Company et al., Respondents

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

November 4, 1983

Judgment unanimously reversed, on the law, with costs, and new trial granted.

Memorandum:

The hearsay statement of Chedorloamer Sotero was not admissible as an admission against interest, because it was not established that the declarant was unavailable or that when the declarant made the statement he knew it was against his interest (People v Maerling, 46 N.Y.2d 289, 298). While the statement would be admissible...

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