Hernandez v. Tepan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*722The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law on the issue of liability (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). As the defendant correctly contends, the police accident report submitted by the plaintiff in support of the plaintiffs motion for summary judgment on the issue of liability constituted inadmissible hearsay, since the report was not certified as a business record (see CPLR 4518 [a]; Johnson v Lutz, 253 NY 124, 128 [1930]; Bailey v Reid, 82 AD3d 809, 810 [2011]; see also Noakes v Rosa, 54 AD3d 317, 318 [2008]), and there is…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Johnson v. LutzNew York Court of Appeals · 1930
- Cox v. NunezAppellate Division of the Supreme Court of the State of New York · 2005
- Noakes v. RosaAppellate Division of the Supreme Court of the State of New York · 2008
- Gardella v. Esposito Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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- Adobea v. JunelAppellate Division of the Supreme Court of the State of New York · 2014
- Wilson v. Wei ChengAppellate Division of the Supreme Court of the State of New York · 2012
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