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CAMINITI v. EXTELL WEST 57TH STREET LLC

7591. 150298/13.

166 A.D.3d 440 (2018)

88 N.Y.S.3d 13

2018 NY Slip Op 07667

Maria Caminiti, as Administratrix of the Estate of Pasquale Caminiti, Deceased, Respondent, v. Extell West 57th Street LLC et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 13, 2018.

The court properly found that plaintiff's testimony about her now-deceased husband's statement regarding his accident is admissible as a declaration against interest (see generally Basile v Huntington Util. Fuel Corp., 60 A.D.2d 616, 617 [2d Dept 1977]; Guide to NY Evid rule 8.11, Statement Against Penal or Pecuniary Interest, http://www.nycourts.gov/judges/evidence/8-HEARSAY/8.11_DECLARATION%20v.%20INTEREST.pdf). Decedent's statement...

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