Opinion
October 20, 1969
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. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below are affirmed. 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). Rabin, Acting P.J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.