Rosenberg v. Equitable Life Assurance Society of the United States

Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered December 6, 1989 after jury trial, awarding plaintiff $400,000 for wrongful death, $25,000 for pain and suffering, plus interest, costs and disbursements, unanimously affirmed, with costs. Appeal from an order of the same court (Anita Florio, J.), entered May 5, 1989, denying issuance of a commission to take the deposition of an out-of-State witness, dismissed as subsumed in the judgment, without costs.

In reversing an earlier judgment in this case because of the improper admission of hearsay, which was prejudicial, this court,…