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Hahn v. City of Niagara Falls

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 517 (N.Y. App. Div. 1988)

Opinion

September 27, 1988

Appeal from the Supreme Court, Niagara County, Mintz, J.

Present — Callahan, J.P., Denman, Boomer, Green and Lawton, JJ.


Judgment unanimously affirmed with costs. Memorandum: Although the court erroneously received into evidence the unsigned transcript of the examination before trial of witness Klein (Nicholas v Island Indus. Park, 46 A.D.2d 804), that error was harmless. The court, in rendering its verdict in the nonjury trial, expressly found that, even disregarding the testimony of witness Klein, negligence was established.

Also harmless was the error in admitting the uncertified and unauthenticated hospital and medical bills. Even if the bills themselves had not been admitted, that evidence and the testimony of plaintiff and her physician established the reasonable value of the medical services for which plaintiff was responsible.

Finally, we find no reason to disturb the court's apportionment of the liability between defendants.


Summaries of

Hahn v. City of Niagara Falls

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 517 (N.Y. App. Div. 1988)
Case details for

Hahn v. City of Niagara Falls

Case Details

Full title:LOUISE HAHN, Respondent, v. CITY OF NIAGARA FALLS, Appellant, and RAINBOW…

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

Date published: Sep 27, 1988

Citations

143 A.D.2d 517 (N.Y. App. Div. 1988)

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