Miller v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
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
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Reifenstein v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by3 opinions
- Barrette v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Mr. Galvanized, Inc. v. B. S. Livingston & Co.Appellate Division of the Supreme Court of the State of New York · 1985
- People v. FalieroAppellate Division of the Supreme Court of the State of New York · 1985