Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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With respect to remoteness, if the evidence has some probative value, the better course is to admit the evidence and leave its weight to the factfinder. DeJesus v. Yogel, 404 Mass. 44, 47 (1989), and cases cited. Consequently, “[t]he exclusion on the ground of remoteness of relevant evidence has generally not been sustained.” Id.., citing Crowe v. Ward, 363 Mass. 85, 88-89 (1973) (“We are influenced by the general view that relevant evidence should be admitted unless there is a quite satisfactory reason for excluding it”); Kramer v. John Hancock Mut. Life Ins. Co., 336 Mass. 465, 468 (1957) (relationship of excluded evidence to issue in case would not have been “mere conjecture” and should have been admitted). We also acknowledge that “[t]he cases have recognized a range of discretion in the judge.” DeJesus v. Yogel, supra, citing Crowe v. Ward, supra.

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