From Casetext: Smarter Legal Research

Fay v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2009
67 A.D.3d 568 (N.Y. App. Div. 2009)

Summary

reasoning that "[t]he officer's affidavit vouching for the truth of his report does not render admissible the hearsay statements contained in the report"

Summary of this case from Najera v. Bernsohn & Fetner, LLC

Opinion

No. 1539.

November 19, 2009.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered June 23, 2008, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Zeccola Selinger, LLC, Goshen (John S. Selinger of counsel), for appellant.

Burke, Lipton Gordon, White Plains (Brian D. Acard of counsel), for respondent.

Before: Andrias, J.P., Sweeny, Nardelli, Catterson and DeGrasse, JJ.


The police accident report was inadmissible because it was made by an officer who did not witness the accident and it contains the hearsay, and presumably self-serving, statements of plaintiffs decedent as to the ultimate issue of fact ( Holliday v Hudson Armored Car Courier Serv., 301 AD2d 392, 396, lv dismissed in part and denied in part 100 NY2d 636; Kajoshaj v Greenspan, 88 AD2d 538, 539). The officer's affidavit vouching for the truth of his report does not render admissible the hearsay statements contained in the report.


Summaries of

Fay v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2009
67 A.D.3d 568 (N.Y. App. Div. 2009)

reasoning that "[t]he officer's affidavit vouching for the truth of his report does not render admissible the hearsay statements contained in the report"

Summary of this case from Najera v. Bernsohn & Fetner, LLC
Case details for

Fay v. Vargas

Case Details

Full title:WILLIAM J. FAY III, as Administrator of the Estate of EDWARD A. FAY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 2009

Citations

67 A.D.3d 568 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8510
888 N.Y.S.2d 405

Citing Cases

Zalina Mohammed v. Command Security Corp.

Supreme Court properly excluded evidence that defendant Command Security Corporation had previously been…

Wilson v. Rosado

Rosado also submits an uncertified police accident report which constitutes inadmissible hearsay this it…