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WALTERS v. STATE OF NEW YORK

125 Misc.2d 604 (1984)

Burril Walters, Individually and as Administratrix of The Estate of James J. Walters, Claimant, v. State of New York, Defendant. (Claim No. 66775.)

Court of Claims.

September 13, 1984

Attorney(s) appearing for the Case

Robert David Becker and Michael D'Agostino for claimant. Robert Abrams, Attorney-General (William T. McCue of counsel), for defendant.

GERARD M. WEISBERG, J.

Is an opinion contained in an autopsy report admissible when that document is otherwise unobjectionable?

In this action for wrongful death, claimant has offered the autopsy report concerning the death of his decedent. The defendant has objected to the following excerpt:

"Final Diagnosis: Undetermined natural cause, 2-24-82 probable cardiac...

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