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GLOBAL ENERGY EFFICIENCY HOLDINGS, INC. v. WILLIAM PENN LIFE INS. CO.

11155.

180 A.D.3d 624 (2020)

120 N.Y.S.3d 29

2020 NY Slip Op 01397

Global Energy Efficiency Holdings, Inc., Plaintiff, and Manufacturers and Traders Trust Company, Respondent, v. William Penn Life Insurance Company of New York, Appellant.

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

Decided February 27, 2020.

The trial court properly excluded as double hearsay a written report including a statement by the decedent's wife. The statement is not admissible as a business record, because the decedent's wife was under no duty to make the statement (Matter of Imani O. [Marcus O.], 91 A.D.3d 466, 467 [1st Dept 2012]). Nor is the statement admissible as an excited utterance, because, among other things, it was not made contemporaneously with,...

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