Legal Opinion

Walters v. State

New York Court of Claims

Decided September 13, 1984No. Claim No. 66775PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

Is an opinion contained in an autopsy report admissible when that document is otherwise unobjectionable?

In this action for wrongful death, claimant has offered the autopsy report concerning the death of his decedent. The defendant has objected to the following excerpt:

“Final Diagnosis: Undetermined natural cause,

2-24-82 probable cardiac arrhythmia.

Assoc. Cond:

Phenothiazine therapy.”

Generally, an opinion expressed in a record that is otherwise admissible under an exception to the hearsay rule may be entered into evidence if it was rendered by a person…

2Cases cited5 opinions

  1. People v. KohlmeyerNew York Court of Appeals · 1940
  2. Murray v. DonlanAppellate Division of the Supreme Court of the State of New York · 1980
  3. Toll v. StateAppellate Division of the Supreme Court of the State of New York · 1969
  4. Schelberger v. Eastern Savings BankNew York Court of Appeals · 1983
  5. Schelberger v. Eastern Savings BankAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by5 opinions

  1. Serota v. KaplanAppellate Division of the Supreme Court of the State of New York · 1987
  2. Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Coakley v. Parkway HospitalAppellate Division of the Supreme Court of the State of New York · 2013
  5. Coakley v. Parkway HospitalAppellate Division of the Supreme Court of the State of New York · 2013

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