Opinion
March 22, 1943.
Action by the beneficiary of two policies of life insurance to recover $4,500, payable in the event assured died through external, violent and accidental means. Judgment in favor of defendant reversed on the law and a new trial granted, with costs to appellant to abide the event. Under the circumstances it was error to admit in evidence over plaintiff's objection the death certificate with its hearsay statements that assured's death "resulted from * * * (suicide) * * *," and that assured "jumped in front of train." ( Welz v. Commercial Travelers Mut. Accident Assn. of America, 266 App. Div. 668; Goldschmidt v. Mutual Life Ins. Co., 102 N.Y. 486.) In our opinion, it may not be said that the hearsay statements in the death certificate were harmless because the court instructed the jury to disregard them. Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.