Barbagallo v. Americana Corp.

Memorandum. The exclusion of the telephone conversations was error because they were relevant to establishing the duration and depth of defendant’s alleged fear. The truth of their contents was not the purpose of defendant’s offer. (Ferrara v. Galluchio, 5 N Y 2d 16, 19-20; Eichardson, Evidence [9th ed.], § 211.) It cannot be concluded that, as a matter of law, the jury would not have been influenced by the additional details in assessing defendant’s alleged fear of injury to himself or his family. The request as to the effect of the failure of plaintiff’s wife to testify was improper inform…