Loschiavo v. Port Authority

Lazer, J.,

dissents and votes to reverse the judgment and grant a new trial, with the following memorandum, in which Gibbons, J., concurs: At issue on this appeal is the current viability of the evidentiary rule which renders an agent’s out-of-court statement inadmissible against the principal unless the making of the statement fell within the duties for which the agent was employed. I believe it is time to transfer the State’s allegiance to the modern view which allows the agent’s statement in evidence if it concerns matters lying within the scope of the agency. The underlying facts are…