STARCH v. JOSEPH ZOHN, INC.


211 N.J. Super. 75 (1985)

510 A.2d 1191

JEFFREY STARCH, PLAINTIFF, v. JOSEPH ZOHN, INC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided October 11, 1985.


Attorney(s) appearing for the Case

Marc Lesser for plaintiff (Kronisch, Schkeeper & Miltz, attorneys).

John G. Tinker, Jr. for defendants (W. Stephen Leary, attorney).


YANOFF, J.S.C. (temporarily assigned) (Retired, on Recall).

Involved here is an interpretation of Evid.R. 63(3)(a)(ii), reading, with appropriate deletions:

Subject to Rule 64 and to the same limitations and objections as though the declarant were testifying in person, and where the declarant is unavailable as a witness, testimony is admissible if ... in a civil case, or only when offered by the defendant in a criminal case, the issue is such that...

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