SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 20, 1969
FREDERICA KURDILLA, APPELLANT,
FRANCES SCHWARTZ, RESPONDENT, ET AL., DEFENDANT
Appeal by plaintiff from a judgment of the Supreme Court, Nassau County, entered March 16, 1967 in favor of defendant Frances Schwartz upon a jury verdict.
Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
It was error to admit into evidence a statement over the telephone to an insurance broker, allegedly made by a defendant who did not witness the accident, because the statement was a self-serving declaration which was hearsay and therefore was prejudicial to plaintiff (Johnson v. Lutz, 253 N. Y. 124; Williams v. Alexander, 309 N. Y. 283; Cox v. State of New York, 3 N.Y.2d 693).
Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below are affirmed.
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