ROSENBERG v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


148 A.D.2d 337 (1989)

Sylvia Rosenberg, Individually and as Administratrix of The Estate of Sidney Rosenberg, Deceased, Respondent, v. Equitable Life Assurance Society of the United States et al., Appellants

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

March 14, 1989


A friend and former neighbor of plaintiff, Ethel Belton, was permitted to testify, over defendant's objection, that the decedent told her he had been given a stress test which involved climbing stairs, bending and stooping, and complained of tiredness and pain in the days following that test. These alleged statements, possibly made weeks after the administration of the stress test, were hearsay and should have been excluded by the trial court (see, Rawlings v Prudential...

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