TESTA v. FEDERATED DEP'T STORES, INC., ABRAHAM & STRAUS DIV.


118 A.D.2d 696 (1986)

Joseph Testa, Respondent, v. Federated Department Stores, Inc., Abraham & Straus Division, Appellant, et al., Defendant

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

March 17, 1986


Judgment reversed, on the law, the cause of action asserted in the complaint charging malicious prosecution dismissed, and a new trial granted on the remaining causes of action, with costs to abide the event.

The record indicates that the plaintiff was permitted to elicit, over appellant's counsel's repeated objection, highly prejudicial hearsay statements which the plaintiff attributed to one Eleanor Brodie. These statements were to the effect that she had witnessed...

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