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GARSTEN v. MacMURRAY

133 A.D.2d 442 (1987)

Richard M. Garsten et al., Plaintiffs, v. Alan MacMurray et al., Defendants. (Action No. 1.) William Richman et al., Appellants, v. Richard M. Garsten et al., Respondents, et al., Defendants. (Action No. 2.) (And Another Title.)

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

September 28, 1987

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The trial court erred in precluding the appellants from eliciting certain testimony from the respondent Richard M. Garsten on the ground that the testimony constituted hearsay. Garsten sought to explain why he had stated on a form he filled out soon after the automobile accident that the car he was driving "skidded on an oil slick". He would have testified that his wife...

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