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Miller v. Nationwide Mutual Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 727 (N.Y. App. Div. 1984)

Opinion

March 6, 1984

Appeal from the Supreme Court, Jefferson County, Hayes, J.

Present — Hancock, Jr., J.P., Denman, Boomer, Green and Moule, JJ.


Order unanimously affirmed, without costs. Memorandum: Defendants' adjustor stated in an affidavit that he estimated plaintiffs' fire loss as $146,216.25 and supported that estimate by an itemized statement. Those documents, together with an affidavit of defendants' attorney adopting that loss figure, were submitted in support of a motion by defendants. When a party adopts a statement of another for its own purposes in connection with a lawsuit, the statement may be used as an admission against that party (Richardson, Evidence [Prince, 10th ed], § 251; see, also, Rudolph v Hancock Mut. Life Ins. Co., 251 N.Y. 208). Since it is clear that defendants are liable at least in that amount partial summary judgment was properly granted to plaintiffs. ¶ Plaintiffs' claim for punitive damages was properly dismissed (see Reifenstein v Allstate Ins. Co., 92 A.D.2d 715).


Summaries of

Miller v. Nationwide Mutual Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 727 (N.Y. App. Div. 1984)
Case details for

Miller v. Nationwide Mutual Fire Ins. Co.

Case Details

Full title:DAVID MILLER et al., Appellants-Respondents, v. NATIONWIDE MUTUAL FIRE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 6, 1984

Citations

100 A.D.2d 727 (N.Y. App. Div. 1984)

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