Rosenberg v. Equitable Life Assurance Society of United States

Judgment of the Supreme Court, Bronx County (Harold Tompkins, J.), entered January 27, 1988, after trial by jury, which found in favor of plaintiff against defendant The Equitable Life Assurance Society of the United States in the sum of $400,000 for wrongful death plus $30,000 for pain and suffering, and dismissed the complaint as against defendant Roger Malhotra, is unanimously reversed, on the law, and the case remanded for a new trial, without costs.

A friend and former neighbor of plaintiff, Ethel Belton, was permitted to testify, over defendant’s objection, that the decedent told her he…