Legal Opinion
Hargrave v. Fresher
Appellate Division of the Supreme Court of the State of New York
Decided November 2, 1995PublishedCited by 9 opinions
1Opinion of the Court
—Yesawich Jr., J.
Appeal from an order of the Supreme Court (Ellison, J.), entered August 3, 1994 in Chemung County, which denied plaintiffs motion for an order prohibiting defendant from testifying as to certain statements on the ground that they are barred by the Dead Man’s Statute.
Plaintiffs decedent (age 51) drowned on July 8, 1989, when a canoe he was using capsized in defendant’s pond. Plaintiff, as administratrix of decedent’s estate, thereafter commenced this action alleging that defendant had been negligent in inviting decedent, who assertedly was unable to swim, to borrow his canoe…
2Cases cited3 opinions
- Savarese v. City of New York Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Hough v. HicksAppellate Division of the Supreme Court of the State of New York · 1990
- Siewert v. Loudonville Elementary SchoolAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by9 opinions
- Rondout Electric, Inc. v. Dover Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Strait v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Ferrara v. KearneyAppellate Division of the Supreme Court of the State of New York · 2001
- Brennan v. Mabey's Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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