Opinion
April 3, 1989
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs to the respondents.
The defendant Andrew Smyth's arguments in favor of a new trial are not properly before us since he failed to cross-appeal from the interlocutory judgment.
The trial court did not err in excluding a statement allegedly made by the defendant Andrew Smyth to the plaintiff Harle Bates in a conversation after the accident. The statement was hearsay and none of the exceptions to the hearsay rule permitted its admission.
We have considered the plaintiffs' remaining contentions and find them to be without merit. Bracken, J.P., Brown, Kunzeman and Spatt, JJ., concur.