In re the Arbitration between Rosen & Motor Vehicle Accident Indemnification Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, entered on October 2, 1963, unanimously reversed and vacated on the law, without costs, and matter remanded for new trial on issue of whether or not the petitioner was involved in an automobile accident with an uninsured vehicle, as directed by order entered May 5, 1963. It was error for the trial court to receive the petitioner’s testimony that the driver of the vehicle involved in the accident made the statement that he had no insurance. Such statement by the driver, made to third persons, following and at the scene of the collision, was inadmissible hearsay. (6 Carmody-Wait, New…
2Cases cited7 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
- Martorella v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1933
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3Cited by4 opinions
- Superintendent of Insurance v. LilleyAppellate Division of the Supreme Court of the State of New York · 1984
- American Security Insurance v. Ojomu-KayoesNew York Supreme Court · 1981
- In re DanielCivil Court of the City of New York · 1999
- National Grange Mutual Insurance v. SavageAppellate Division of the Supreme Court of the State of New York · 1990