Legal Opinion

Miller v. Nationwide Mutual Fire Insurance

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

Decided March 6, 1984PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Defendants’ adjustor stated in *728an affidavit that he estimated plaintiffs’ fire loss as $146,216.25 and supported that estimate by an itemized statement. Those documents, together with an affidavit of defendants’ attorney adopting that loss figure, were submitted in support of a motion by defendants. When a party adopts a statement of another for its own purposes in connection with a lawsuit, the statement may be used as an admission against that party (Richardson, Evidence [Prince, 10th edl, § 251; see, also, Rudolph v Hancock Mut. Life…

2Cases cited2 opinions

  1. Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
  2. Reifenstein v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

  1. Barrette v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1988
  2. Mr. Galvanized, Inc. v. B. S. Livingston & Co.Appellate Division of the Supreme Court of the State of New York · 1985
  3. People v. FalieroAppellate Division of the Supreme Court of the State of New York · 1985

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