Sansevere v. United Parcel Service, Inc.

Kupferman and Rubin, JJ.,

dissent in a memorandum by Rubin, J., as follows: Granting that it was error to admit into evidence the police complaint report containing the statement, "[wjitness stated truck was from UPS”, defendant has nevertheless failed to demonstrate that it sustained prejudice as a result of this ruling. Defendant’s Exhibit A, the police complaint follow-up report, states that the offending vehicle was "described as possibly being a United Parcel Truck”, and the deposition of Jose De LaRosa, read into evidence (CPLR 3117 *525[a] [3] [iii]), states unequivocally that he reported…