Opinion
Submitted November 1, 1999
December 13, 1999
In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Hillery, J.), entered August 18, 1998, which, upon a jury verdict on the issue of liability in favor of the defendants, and upon the denial of their motion to set aside the verdict, is in favor of the defendants and against them dismissing the complaint.
Goldstein Metzger, LLP, Poughkeepsie, N.Y. (Bryan G. Schneider of counsel), for appellants.
McCabe Mack, LLP, Poughkeepsie, N.Y. (Gerianne Hannibal of counsel), for respondents.
THOMAS R. SULLIVAN, J.P., DANIEL W. JOY, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The court properly excluded from evidence the police accident report since the subscribing officer did not witness the accident and was unavailable to testify as to the actual source of the information contained in the report (see, Battista v. Rizzi, 228 A.D.2d 533, 533-534 ; Matter of Aetna Cas. Sur. Co. v. Stone, 170 A.D.2d 599 ; Gagliano v. Vaccaro, 97 A.D.2d 430, 431 ).
Furthermore, it cannot be said that there is "no valid line of reasoning [or] permissible inferences" which would support the jury verdict, or that the jury could not have reached its verdict on any fair interpretation of the evidence (see, Artis v. Jamaica Buses, Inc., 262 A.D.2d 511 [2d Dept., June 21, 1999]; Nicastro v. Park, 113 A.D.2d 129, 132 ). Accordingly, the court properly denied the plaintiffs' motion to set aside the jury verdict.
The parties' remaining contentions are without merit.
SULLIVAN, J.P., JOY, KRAUSMAN, and LUCIANO, JJ., concur.