COX v. STATE OF NEW YORK


286 A.D. 322 (1955)

Catherine Cox, as Executrix of Edward P. McGrath, Deceased Administrator of The Estate of Mary McGrath, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30169.) Catherine Cox, as Executrix of Edward P. McGrath, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30168.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1955.


Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (John R. Davison and Henry S. Manley of counsel), for appellant.

Harry O. Lee for respondents.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur; BERGAN, J., not voting.


Per Curiam.

These cases were before us on a prior appeal. We there held that the issue of whether the supervision of the deceased incompetent was adequate, presented a fair question of fact, and that the crucial question on the appeal arose from the admission into evidence of an accident report, based upon hearsay, and which was a part of the hospital records. We also held that such report was inadmissible either on the ground that it was made in the regular...

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