Opinion
7021 Index 306829/13
06-28-2018
Jessie LAGUERRE–FUENTES, Plaintiff–Respondent, v. Jose A. ACEVEDO, Defendant–Appellant, "John Doe," Defendant.
Law Offices of John Trop, Yonkers (David Holmes of counsel), for appellant.
Law Offices of John Trop, Yonkers (David Holmes of counsel), for appellant.
Friedman, J.P., Tom, Mazzarelli, Singh, JJ.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about December 22, 2017, which denied the motion of defendant Jose A. Acevedo for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
The motion court erred in considering the uncertified police accident report submitted by plaintiff in opposition to defendant's motion, since it constituted hearsay and there was an absence of admissible, non-hearsay evidence to support the statement therein that plaintiff's car was rear-ended by a car matching the description of the car owned by defendant (see Rivera v. GT Acquisition 1 Corp., 72 A.D.3d 525, 526, 899 N.Y.S.2d 46 [1st Dept. 2010] ; Coleman v. Maclas, 61 A.D.3d 569, 877 N.Y.S.2d 297 [1st Dept. 2009] ). Indeed the only admissible evidence proffered by plaintiff, her deposition transcript, indicated that she believed that the vehicle that struck the back of her car was blue, while defendant's vehicle was red.