Opinion
2001-03477
Argued October 17, 2002.
November 18, 2002.
In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Kings County (I. Aronin, J.), entered April 11, 2001, which, upon a jury verdict in favor of the defendants and against him on the issue of liability, dismissed the complaint.
Norman Leonard Cousins, New York, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and George Gutwirth of counsel), for respondents.
Before: NANCY E. SMITH, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The trial court providently exercised its discretion in excluding certain evidence on the ground that it was irrelevant, collateral, or otherwise incompetent (see Coopersmith v. Gold, 89 N.Y.2d 957, 959; Feldsberg v. Nitschke, 49 N.Y.2d 636, 643). Furthermore, although an "ambulance call report" and a statement by an ambulance attendant were hearsay and, therefore, improperly admitted into evidence, the errors were harmless (see Rizzuto v. Getty Petroleum Corp., 289 A.D.2d 217; Barracato v. Camp Bauman Buses, 217 A.D.2d 677; Willinger v. City of New Rochelle, 212 A.D.2d 526).
The plaintiff's remaining contentions are without merit.
SMITH, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.