Opinion
06-08-2017
Willie R. JENKINS, Plaintiff–Appellant, v. MAGGIES PARATRANSIT CORP., et al., Defendants–Respondents.
Kravet, Hoefer & Maher, P.C., Bronx (John A. Maher of counsel), for appellant. Daniel A. Fried, Yonkers, for respondents.
Kravet, Hoefer & Maher, P.C., Bronx (John A. Maher of counsel), for appellant.
Daniel A. Fried, Yonkers, for respondents.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered April 8, 2016, which denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.
Plaintiff failed to establish prima facie that a vehicle operated by defendant Chatham made an unsafe lane change. Although eyewitnesses testified that an Access–A–Ride vehicle struck plaintiff's motorcycle, they did not identify the driver. The amended police accident report is inadmissible hearsay, since it was made by a police officer who did not witness the accident (Kajoshaj v. Greenspan, 88 A.D.2d 538, 450 N.Y.S.2d 311 [1st Dept.1982] ). Nor does the traffic summons issued to Chatham constitute evidence.
TOM, J.P., SWEENY, ANDRIAS, MOSKOWITZ, MANZANET–DANIELS, JJ., concur.