Opinion
November 30, 1999
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about April 12, 1999, which denied the motion of third-party defendant Ramp Chevrolet, Inc. for summary judgment dismissing the third-party complaint, unanimously affirmed, with costs.
Carol R. Finocchio Kin Lum Man, for Defendants/Third-Party Plaintiffs-Respondents.
Lawrence B. Goodman, for Third-Party Defendant-Appellant.
ELLERIN, P.J., WILLIAMS, LERNER, RUBIN, SAXE, JJ.
The motion court properly relied upon the statements of defendant third-party plaintiff Lee Belli in denying the motion. Although Belli's statements, as reported in the testimony of plaintiff Caliguri, were hearsay, they were properly considered by the motion court since they constitute "admissions" by a party to material fact at issue (see, Reed v. McCord, 160 N.Y. 330, 341). Belli's "admissions" were attributable not only to Belli but to defendant AAA-1 as well, since Belli, an agent and employee of AAA-1, made the subject admissions while engaged in an activity within the scope of his agency authority (see, e.g., Loehner v. Simons, 223 A.D.2d 533, 534).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.