Avnet, Inc. v. American International Life Assurance Co.

Judgment, Supreme Court, Bronx County, entered May 26, 1977, in favor of defendants, affirmed, without costs or disbursements. Although no offer of proof was allowed at trial it is clear that plaintiff wished to testify about statements made by the deceased driver, Jenkins, concerning his right to take a passenger or helper, ad hoc, with him. The *698credible evidence at trial was to the contrary, such conduct being expressly interdicted. Patently, these conversations are hearsay, and thus inadmissible unless Jenkins had authority to speak for his employer, the defendant. The admissions of an…