Legal Opinion
Fay v. Vargas
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 2009PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered June 23, *5692008, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The police accident report was inadmissible because it was made by an officer who did not witness the accident and it contains the hearsay, and presumably self-serving, statements of plaintiffs decedent as to the ultimate issue of fact (Holliday v Hudson Armored Car & Courier Serv., 301 AD2d 392, 396 [2003], lv dismissed in part and denied in part 100 NY2d 636 [2003]; Kajoshaj v…
2Cases cited3 opinions
- Holliday v. Hudson Armored Car & Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Blue Cross and Blue Shield of New Jersey, Inc. v. PHILIP MORRIS USA INCORPRATEDNew York Court of Appeals · 2003
- Kajoshaj v. GreenspanAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Mohammed v. Command Security Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Raposo v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2013
- J.Z. v. SalernoAppellate Division of the Supreme Court of the State of New York · 2021
- J.Z. v. SalernoAppellate Division of the Supreme Court of the State of New York · 2021
- Raposo v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2013