Legal Opinion

Francis v. Francis

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1999PublishedCited by 6 opinions

1Opinion of the Court

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: At a bench trial on the issue of fault in this matrimonial action, Supreme Court erred in admitting in evidence that portion of a hospital record containing the account of plaintiff concerning how she was injured when defendant allegedly threw a coffee cup toward her leg. That portion of the hospital record is inadmissible hearsay (see, Williams v Alexander, 309 NY 283, 287; Edelman v City of New York, 81 AD2d 904). In our view, however, that error is harmless (see,…

2Cases cited8 opinions

  1. Brady v. BradyNew York Court of Appeals · 1985
  2. Williams v. AlexanderNew York Court of Appeals · 1955
  3. Boughton v. BoughtonAppellate Division of the Supreme Court of the State of New York · 1997
  4. Reiss v. ReissAppellate Division of the Supreme Court of the State of New York · 1991
  5. Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by6 opinions

  1. State v. CampanyAppellate Division of the Supreme Court of the State of New York · 2010
  2. Dyke v. DykeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Wipperman v. WippermanAppellate Division of the Supreme Court of the State of New York · 2000
  4. Booth v. BoothAppellate Division of the Supreme Court of the State of New York · 2005
  5. Hendershott v. HendershottAppellate Division of the Supreme Court of the State of New York · 2002

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