Innes v. Caso

—In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Hillery, J.), entered August 18, 1998, which, upon a jury verdict on the issue of liability in favor of the defendants, and upon the denial of their motion to set aside the verdict, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The court properly excluded from evidence the police accident report since the subscribing officer did not witness the accident and was unavailable to testify as…