Legal Opinion

Iannielli v. Consolidated Edison Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1980PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Margett, J.

Plaintiff seeks to recover damages for the personal injuries sustained by her decedent Edward Iannielli, Sr. on July 19, 1973 in an industrial accident.*

The main question presented by this appeal is whether a *225certain memorandum, purportedly to be a statement made by plaintiffs decedent to an accident investigator some three days after the accident, was properly accepted into evidence by the trial court as a "past recollection recorded”. We conclude that it was not and therefore plaintiff is entitled to a new trial.

Defendant Consolidated Edison Company (Con Ed),…

2Cases cited25 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. Johnson v. LutzNew York Court of Appeals · 1930
  3. Chesapeake & Delaware Canal Co. v. United StatesSupreme Court of the United States · 1919
  4. Fleming v. PonzianiNew York Court of Appeals · 1969
  5. Bloodgood v. LynchNew York Court of Appeals · 1944

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3Cited by10 opinions

  1. People v. TaylorNew York Court of Appeals · 1992
  2. People v. RajaAppellate Division of the Supreme Court of the State of New York · 1980
  3. Tomanelli v. Lizda Realty, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
  4. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1989
  5. Adams v. AgrawalAppellate Division of the Supreme Court of the State of New York · 1992

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