Rakov v. Bankers' Life Ins. — 144 N.Y.S. 1141

Majority

p. 1141

RAKOV, Respondent, v. BANKERS’ LIFE INS. CO. OF CITY OF NEW YORK, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 12, 1913.)

Headnote

Action by Herman Rakov against the Bankers’ Life Insurance Company of the City of New York.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the declarations of the insured to the witness Pearlstein were hearsay and incompetent, and so prejudicial as to require a new trial.

MERBELL, J., not sitting.