Rothman v. City of New York
This text of 273 A.D. 780 (Rothman v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Action to recover damages for personal injuries suffered by plaintiff’s decedent as a consequence of being struck by a trolley car owned and operated by the defendant. Judgment for the plaintiff, entered on the verdict of a jury, unanimously affirmed, with costs. The examination before the Comptroller, pursuant to section 93d-1.0 of the Administrative Code of the City of New York, was properly received in evidence where the'claimant died before the trial of his action. (5 Wigmore on Evidence [3d ed.], § 1402; 2 Chamberlayne, Modem Law of Evidence, § 1660; Jackson ex dem. Potter v. Bailey, 2 Johns. 17; Gox v. Trustees of Pearce, 7 Johns. 298; Boschi V. City of New York, 187 Mise. 875, 877.) Present— Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ.
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Cite This Page — Counsel Stack
273 A.D. 780, 75 N.Y.S.2d 151, 1947 N.Y. App. Div. LEXIS 3127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothman-v-city-of-new-york-nyappdiv-1947.