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PUB. ADM'R OF BRONX COUNTY v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES

192 A.D.2d 325 (1993)

595 N.Y.S.2d 478

Public Administrator of Bronx County, as Administrator of The Estate of Peter J. Kirby, Deceased, Respondent, v. Equitable Life Assurance Society of the United States et al., Defendants, and Structure Tone, Inc., et al., Appellants. (And Three Third-Party Actions.)

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

April 1, 1993

We agree that the plaintiff administrator should be permitted to offer evidence of any wages that his decedent, an alien working in the United States on an apparently illegal basis, might have earned. Any pertinent evidence is competent unless prohibited by statute (see, Freeman v Corbin Ave. Bus Co., 60 A.D.2d 824, 825, lv denied 44 N.Y.2d 649). It is for the jury to weigh defense proof that decedent would have earned...

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