Legal Opinion
Ellis v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1983PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, with costs, and new trial granted. Memorandum: The hearsay statement of Chedorloamer Sotero was not admissible as an admission against interest, because it was not established that the declarant was unavailable or that when the declarant made the statement he knew it was against his interest (People v Maerling, 46 NY2d 289, 298). While the statement would be admissible as an admission by a party if offered against Sotero (Gangi v Fradus, 227 NY 452; Reed v McCord, 160 NY 330, 341; Rosario v New York City Tr. Auth., 73 AD2d 912), the statement was not…
2Cases cited4 opinions
- People v. MaerlingNew York Court of Appeals · 1978
- Reed v. . McCordNew York Court of Appeals · 1899
- Gangi v. . FradusNew York Court of Appeals · 1920
- Rosario v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by7 opinions
- Laguesse v. Storytown U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Morrissey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Mullen v. LinnaneAppellate Division of the Supreme Court of the State of New York · 1996
- 2641 Concourse Co. v. City UniversityNew York Court of Claims · 1987
- In re RhodesAppellate Division of the Supreme Court of the State of New York · 1994
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