Vivitorian Corp. v. Brooklyn Union Gas Co.

—In an action to recover damages for injury to property based on negligence and breach of contract, the defendant George Bassolino Plumbing and Heating, Inc., appeals from a judgment of the Supreme Court, Queens County (Goldstein, J.), dated December 5, 1996, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $510,000.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The Supreme Court erred in admitting the statement of the appellant’s employee which was contained in the Fire Marshal’s…